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IMWA EQUITIES IX v. WBC ASSOCIATES LTD.

No. 91-1178.

961 F.2d 480 (1992)

IMWA EQUITIES IX COMPANY, LIMITED PARTNERSHIP, Plaintiff-Appellant, v. WBC ASSOCIATES LIMITED PARTNERSHIP; James M. Wordsworth; Harvey C. Borkin, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 8, 1992.

Attorney(s) appearing for the Case

Thomas Joseph O'Brien, Morgan, Lewis & Bockius, Washington, D.C., argued (William L. Gardner, on brief), for plaintiff-appellant.

Craig Crandall Reilly, Murphy, McGettigan & West, P.C., Alexandria, Va., argued (Michael McGettigan, on brief), for defendants-appellees.

Before RUSSELL and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

DONALD RUSSELL, Circuit Judge:

Seeking compensatory damages for breach of an indemnity covenant in a partnership agreement, Appellant IMWA Equities IX Company, L.P., commenced this action April 29, 1991, in the United States District Court for the Eastern District of Virginia. Appellees WBC Associates Limited Partnership, James M. Wordsworth and Harvey C. Borkin moved to dismiss IMWA's complaint pursuant to Fed. R.Civ.P. 12(b)(6). On July 19, 1991...

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