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McDONALD'S CORP. v. LEBOW REALTY TRUST

No. 89-1499.

888 F.2d 912 (1989)

McDONALD'S CORPORATION, Plaintiff, Appellee, v. LEBOW REALTY TRUST, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 1, 1989.

Attorney(s) appearing for the Case

Nancy E. Watters, with whom Constance M. McGrane, Nutter, McClennen & Fish, Boston, Mass., were on brief, for defendants, appellants.

Peter B. Ellis, with whom Teresa A. Martland, Foley, Hoag & Eliot, Boston, Mass., were on brief, for plaintiff, appellee.

Before BOWNES, BREYER and FAIRCHILD, Circuit Judges.

BOWNES, Circuit Judge.

In this diversity contract case defendants-appellants Lebow Realty Trust, et al. (Lebow) appeal from a summary judgment in favor of plaintiff-appellee McDonald's Corporation (McDonald's) ordering Lebow to sell to McDonald's the real property occupied by it as lessee for a price of three hundred thousand dollars ($300,000.00).

I.

At issue is the construction of two separate paragraphs in a lease between Lebow as lessor and McDonald...

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