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ARTHUR TREACHER'S F. & C. OF FAIRFAX, INC. v. CHILLUM TERRACE LTD.

No. 251, September Term, 1975.

29 Md. App. 320 (1975)

347 A.2d 568

ARTHUR TREACHER'S FISH & CHIPS OF FAIRFAX, INC. ET AL. v. CHILLUM TERRACE LIMITED PARTNERSHIP.

Court of Special Appeals of Maryland.

Decided December 3, 1975.

Attorney(s) appearing for the Case

Harvey R. Clapp, III, with whom were Venable, Baetjer & Howard on the brief, for appellants.

Stanley H. Kamerow, with whom were Kamerow & Kamerow on the brief, for appellee.

The cause was argued before MOYLAN, POWERS and LOWE, JJ.

LOWE, J., delivered the opinion of the Court.

Our opinion of the Court of Appeals' opinion in the first appeal of Arthur Treacher's v. Chillum Ter., 272 Md. 720 is obviously not shared by appellants. The "uncommon issue of when a lease is not a lease" was the liminal question answered in that case, in order to reach the more specific issue of what measure of damages should be used upon breach of a lease, the term of which had...

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