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TIDEWATER INVESTORS v. UNITED DOMINION REALTY TRUST

No. 85-1779.

804 F.2d 293 (1986)

TIDEWATER INVESTORS, LTD., Appellant, v. UNITED DOMINION REALTY TRUST, INC., f/k/a Old Dominion Real Estate Investment Trust, John P. McCann, Trustee of Old Dominion Real Estate Investment Trust, and C. Harmon Williams, Jr., Trustee of Old Dominion Real Estate Investment Trust, Defendants, and Willow Oaks Shopping Center, Incorporated and Harrison and Lear, Incorporated, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 5, 1986.

Attorney(s) appearing for the Case

Joseph L. Lyle, Jr. (Pickett, Lyle, Siegel Drescher & Croshaw, on brief) for appellant.

Janet I. Farquharson (Thomas R. Watkins, Patten, Wornom & Watkins, on brief) for appellees.

Before WINTER, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

The plaintiff appeals from the district court's summary judgment for the defendants in this landlord-tenant dispute. The plaintiff, Tidewater Investors, Ltd., sued its landlord for, inter alia, breach of the covenant of quiet enjoyment because of its dispossession by the landlord. The district court dismissed Tidewater's claims, finding that it had no standing as a subtenant to sue the landlord for breach of the original lease. Because...

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