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GREAT ATLANTIC & PAC. TEA CO., INC. v. SCULLY

Record No. 741098.

221 S.E.2d 121 (1976)

216 Va. 536

The GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. v. Thomas G. SCULLY et al.

Supreme Court of Virginia.

January 16, 1976.

Attorney(s) appearing for the Case

Henry H. Whiting, Winchester (Kuykendall, Whiting & Costello, Winchester, on briefs), for plaintiff in error.

J. Frederick Larrick, Winchester (Larrick & White, Winchester, on brief), for defendants in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF and COMPTON, JJ.

I'ANSON, Chief Justice.

This is an appeal from a declaratory judgment proceeding brought by Thomas G. Scully and the George Washington Hotel Corp., his successor in title, against The Great Atlantic and Pacific Tea Company, Inc. (tenant), to construe that paragraph of a lease which limits tenant's liability for real estate tax increases subsequent to its tenth year of occupancy.

On November 21, 1958, Scully leased certain premises in the City of Winchester...

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