RED SAGE LTD PRTNSHP v. DESPA DEUTSCHE

No. 00-7129.

254 F.3d 1120 (2001)

RED SAGE LIMITED PARTNERSHIP, Appellant, v. DESPA DEUTSCHE SPARKASSEN IMMOBILIEN-ANLAGE-GASELLSCHAFT MBH, a/k/a DespaEuropa, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 2001.


Attorney(s) appearing for the Case

Andrew J. Kline argued the cause for appellant. With him on the briefs was Jeffrey L. Berger.

J. Jonathan Schraub argued the cause for appellee. With him on the brief was Paige A. Levy.

Before: Edwards, Chief Judge, Ginsburg and Tatel, Circuit Judges.


Opinion for the Court filed by Circuit Judge Tatel.

TATEL, Circuit Judge:

A Washington, D.C. restaurant sought a declaration that its landlord breached an exclusive use covenant by renting space in the same building to a specialty cake shop. The restaurant claimed that under its lease, the breach entitled it to a 50 percent rent abatement. The district court granted summary judgment for the landlord, finding that under the circumstances of this case, a 50...

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