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CASWELL REALTY ASSOCIATES v. ANDREWS CO.

No. COA96-1514.

496 S.E.2d 607 (1998)

CASWELL REALTY ASSOCIATES I, L.P., Plaintiff, v. ANDREWS COMPANY, INC., f/k/a Hills Food Stores, Inc. and Nash-Finch Company, Inc., Defendants.

Court of Appeals of North Carolina.

March 3, 1998.

Attorney(s) appearing for the Case

Shipman & Associates, L.L.P. by Gary K. Shipman and C. Wes Hodges, II, Wilmington, for plaintiff-appellant.

Marshall, Williams & Gorham, L.L.P. by Lonnie B. Williams, Wilmington, for defendant-appellee Andrews Company, Inc.

Maupin, Taylor, Ellis & Adams, P.A. by Gilbert C. Laite, III and M. Keith Kapp, Raleigh, for defendant-appellee Nash-Finch Company, Inc.

TIMMONS-GOODSON, Judge.

This action is the last in a series of three lawsuits arising from an alleged breach of two commercial leases. On 7 August 1987, plaintiff Caswell Realty Associates I, L.P. (hereinafter "Caswell Realty") and defendant Andrews Company, Inc. (hereinafter "Andrews"), formerly known as Hills Foods Stores, Inc., entered into a commercial lease, wherein defendant Andrews agreed to lease from plaintiff approximately 21,000 square feet at the Cape...

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