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EASTERN SHORE MARKETS v. J.D. ASSOCIATES LTD.

No. 99-1554.

213 F.3d 175 (2000)

EASTERN SHORE MARKETS, INCORPORATED, Plaintiff-Appellant, v. J.D. ASSOCIATES LIMITED PARTNERSHIP; Dorchester Center II Limited Partnership; WWM, Incorporated; Erwin L. Greenberg Development Corporation II; Erwin L. Greenberg & Associates, Incorporated; G.H. Cambridge LLC, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 2000.

Attorney(s) appearing for the Case

ARGUED: John E. McCann, Jr., Miles & Stockbridge, P.C., Baltimore, Maryland, for Appellant. William Alden McDaniel, Jr., McDaniel & Marsh, Baltimore, Maryland, for Appellees J.D. Associates, et al.; Kathleen L. Beggs, Williams & Connolly, Washington, D.C., for Appellee G.H. Cambridge. ON BRIEF: Timothy L. Mullin, Jr., Miles & Stockbridge, P.C., Baltimore, Maryland, for Appellant. Jo Bennett Marsh, McDaniel & Marsh, Baltimore, Maryland, for Appellees J.D. Associates, et al.; Charles T. Kimmett, Williams & Connolly, Washington, D.C., for Appellee G.H. Cambridge.

Before WILKINS, NIEMEYER, and KING, Circuit Judges.

Affirmed in part and vacated in part by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINS and Judge KING joined

OPINION

NIEMEYER, Circuit Judge:

Eastern Shore Markets, Inc. sued its shopping center landlord under Maryland law for (1) breach of an express covenant not to interfere with Eastern Shore's reasonable access to its grocery store premises, (2) breach of an implied covenant to refrain from destructive competition...

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