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HENING v. MAYNARD

Record No. 810716.

313 S.E.2d 379 (1984)

Edmund Waller HENING, Jr., et al. v. J. Gary MAYNARD, Jr., et al.

Supreme Court of Virginia.

March 9, 1984.

Attorney(s) appearing for the Case

James C. Roberts, Richmond (Russell V. Palmore, Jr., Susan C. Armstrong, Mays, Valentine, Davenport & Moore, Richmond, on briefs), for appellants.

Miles Cary, Jr., Richmond (John R. Walk, Hirschler, Fleischer, Weinberg, Cox & Allen, Richmond, on brief), for appellees.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.

STEPHENSON, Justice.

The sole issue presented in this appeal is whether certain restrictions contained in a 1945 restrictive covenant agreement (the 1945 Agreement) expired on September 1, 1976, the termination date specified in another agreement executed in 1956 (the 1956 Agreement). After considering all the evidence, the trial court found that the restrictions contained in the 1945 Agreement terminated upon the expiration of the 1956 Agreement.

The restrictive...

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