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METRIC PARTNERS GROWTH SUITE v. NLC

989 S.W.2d 700 (1998)

METRIC PARTNERS GROWTH SUITE INVESTORS, L.P., Plaintiff/Appellee, v. NASHVILLE LODGING COMPANY; 2300 Elm Hill Pike, Inc., Defendant/Appellant, and Orlando Residence, Ltd.; and La Salle National Bank as trustee under that certain pooling and servicing agreement dated July 11, 1995, for the holders of the WHP Commercial Mortgage Pass Through Certificates, Series 1995C1, and Robert M. Holland, Jr., Trustee, Defendants/Appellants.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Rehearing Denied October 14, 1998.

Permission to Appeal Denied March 8, 1999.

Attorney(s) appearing for the Case

Alan T. Fister, Stewart, Estes & Donnell, Nashville, Mike Buckley, Crosby, Heafey, Roach & May, Oakland, California, for Plaintiff/Appellee.

Samuel L. Felker, Joseph F. Welborn III, Bass, Berry & Sims, Nashville, for Defendant/Appellant.

Eugene N. Bulso, Jr., Boult, Cummings, Conners & Berry, Nashville, for Defendant/Appellee Orlando Residence, Ltd.

Kenneth M. Bryant, Trabue, Sturdivant & Dewitt, Nashville, Hunter T. Carter, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., for Defendants/Appellees, LaSalle National Bank and Robert M. Holland.

Permission to Appeal Denied by Supreme Court March 8, 1999.

OPINION

BEN H. CANTRELL, Judge.

The owner of a hotel subject to a first mortgage sold the building and its contents to the plaintiff and took a second mortgage to secure the purchase price. The plaintiff also operated the hotel under a ground lease with the owner. When the owner failed to pay the first mortgage, the plaintiff sought a declaratory judgment that the owner was in default...

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