PANTRY PRIDE ENTERPRISES v. STOP & SHOP COMPANIES

Nos. 86-3030, 86-3034.

806 F.2d 1227 (1986)

PANTRY PRIDE ENTERPRISES, INC., a Pennsylvania Corporation, Appellant, v. The STOP & SHOP COMPANIES, INC., a Massachusetts Corporation, Appellee. PANTRY PRIDE ENTERPRISES, INC., a Pennsylvania Corporation, Appellee, v. The STOP & SHOP COMPANIES, INC., a Massachusetts Corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 11, 1986.


Attorney(s) appearing for the Case

Charles F. Witthoefft (Michael P. Falzone, Hirschler, Fleischer, Weinberg, Cox & Allen, Richmond, Va., on brief), for appellant.

William E. Rachels, Jr. (Robert L. Dewey, Peter G. Zemanian, Willcox & Savage, P.C., Norfolk, Va., Ronald S. Balk, Boston, Mass., The Stop & Shop Companies, Inc., on brief), for appellee.

Before PHILLIPS and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.


WILKINSON, Circuit Judge:

This case presents the question of whether a lessor can exercise its first refusal option with respect to the lease alone when the lessee offers the lease and equipment as a package deal to a third party. The district court granted specific performance of the option, allowing the lessor to accept the lease for the price allocated to it in the package agreement. 630 F.Supp. 637. Finding no abuse of discretion...

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