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PANTRY PRIDE ENTERPRISES, INC. v. GLENLO CORP.

No. 83-1698.

729 F.2d 963 (1984)

PANTRY PRIDE ENTERPRISES, INC., Appellant, v. GLENLO CORPORATION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 12, 1984.

Attorney(s) appearing for the Case

Alan I. Baron, Baltimore, Md., Bruce M. Bettigole, Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, Washington, D.C., on brief, for appellant.

Michael J. Travieso, Gallagher, Evelius & Jones, Baltimore, Md., on brief, for appellee.

Before MURNAGHAN and CHAPMAN, Circuit Judges, and PECK, Senior Circuit Judge.

MURNAGHAN, Circuit Judge:

A diversity action brought in the United States District Court for the District of Maryland presents the question of whether limitations had run on a claim by Pantry Pride Enterprises, Inc., the tenant, against Glenlo Corporation, the landlord, for refund of asserted overpayments of rent. The initial lease, executed on October 7, 1965, called for a percentage rent calculated as 1 1/2% of gross sales (with certain exclusions). A letter agreement...

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