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BURGER CHEF SYSTEMS, INC. v. MELFRED CO.

No. 75-1394.

547 F.2d 786 (1976)

BURGER CHEF SYSTEMS, INC., Appellant, v. MELFRED COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1976.

Attorney(s) appearing for the Case

William C. Raper, Winston-Salem, N.C. (Allan R. Gitter, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., on brief), for appellant.

J. Sam Johnson, Jr., Greensboro, N.C. (Dees, Johnson, Tart, Giles & Tedder, Greensboro, N.C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WIDENER, Circuit Judge.

WIDENER, Circuit Judge:

This diversity case is an appeal from a jury verdict on a counterclaim against Burger Chef and the dismissal of Burger Chef's declaratory judgment action. It concerns the construction of a lease under the law of North Carolina. We affirm in large part, but reverse as to one item.

Melfred Company (Melfred) owns some land in Forsyth County, North Carolina. On November 8, 1968, it entered into a lease (later amended) with Burger Chef Systems...

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