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CAPITOL FUNDS, INC. v. ARLEN REALTY, INC.

No. 84-8336.

755 F.2d 1544 (1985)

CAPITOL FUNDS, INC., a/k/a Skyland Investment Company, Inc., Plaintiff-Appellee, Cross-Appellant, v. ARLEN REALTY, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 28, 1985.

Attorney(s) appearing for the Case

Herbert D. Shellhouse, Robert W. Webb, Jr., Atlanta, Ga., Mitchell W. Berger, Chattanooga, Tenn., for defendant-appellant, cross-appellee.

William H. Blalock, Jr., Gainesville, Ga., for plaintiff-appellee, cross-appellant.

Before KRAVITCH and JOHNSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

I. BACKGROUND

A tenant, Capitol Funds, Inc., filed a declaratory judgment action asking the district court to construe its repair, replacement, and maintenance obligations under the terms of a long-term commercial lease. The landlord, Arlen Realty, Inc., counterclaimed for breach of contract, seeking damages and termination of the leasehold. The district court granted summary judgment for the landlord on the tenant's claim and...

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