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202 MARKETPLACE v. EVANS PRODUCTS CO.

Nos. 86-1581, 86-1620.

824 F.2d 1363 (1987)

202 MARKETPLACE v. EVANS PRODUCTS CO. v. HEALEY, William J., Healey, Robert T. and 202 Marketplace Corp., Trading as 202 Marketplace Evans Products Company, Appellants in No. 86-1581. 202 MARKETPLACE, Appellant in No. 86-1620, v. HEALEY, William J., Healey, Robert T. and 202 Marketplace Corp., Trading as 202 Marketplace.

United States Court of Appeals, Third Circuit.

Decided August 14, 1987.

Attorney(s) appearing for the Case

George E. Lieberman (argued), Morgan, Lewis & Bockius, Philadelphia, Pa., for appellant.

Albert N. Sardella (argued), Anthony L.V. Picciotti, P.C., West Chester, Pa., for appellee.

Before GIBBONS, Chief Judge, MANSMANN, Circuit Judge, and McCUNE, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this diversity action pursuant to 28 U.S.C. § 1332, the defendant tenant, Evans Products, appeals from a district court order declaring Evans Products to be in default in certain lease covenants and declaring the consequential right of the plaintiff landlord, 202 Marketplace, to terminate the lease. In a cross appeal, 202 Marketplace challenges the district court's entry of summary judgment against it...

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