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SUNDOWN, INC. v. CANAL SQUARE ASSOC.

Nos. 9324, 9325 and 9501.

390 A.2d 421 (1978)

SUNDOWN, INCORPORATED, Appellant, v. CANAL SQUARE ASSOCIATES, Appellee. SUNDOWN, INCORPORATED, et al., Appellants, v. CANAL SQUARE ASSOCIATES, et al., Appellees. CANAL SQUARE ASSOCIATES, a partnership, Appellant, v. CERBERUS THEATERS, INC., Appellee.

District of Columbia Court of Appeals.

Decided June 12, 1978.

Attorney(s) appearing for the Case

John Lodge Euler and John Lewis Smith, III, Washington, D. C., for appellants, Sundown, Incorporated, et al., in Nos. 9324 and 9325.

Rodney F. Page, Washington, D. C., for Canal Square Associates, et al., appellees in Nos. 9324 and 9325, appellant in No. 9501.

Carol W. Kinsbourne, Washington, D. C., with whom Donald H. Green, Washington, D. C., was on the brief, for Cerberus Theaters, Inc., appellee in No. 9501.

Before YEAGLEY and MACK, Associate Judges, and REILLY, Chief Judge, Retired.

YEAGLEY, Associate Judge:

These consolidated appeals involve three complaints, one cross-complaint, two counterclaims, and two setoffs concerning two leases on parts of Canal Square's building located at 3040 M Street, N.W.; one lease to Cerberus Theaters was for space for three theaters on the upper floor and the other to Sundown, Inc., was for a restaurant on the lower floor. There also is raised a question regarding the proper measure of damages to Cerberus for...

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