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McDONALD'S CORP. v. RAPPAPORT

Civil Action. No. 07-11397-JLT.

532 F.Supp.2d 264 (2008)

McDONALD'S CORPORATION, Plaintiff, v. Louis RAPPAPORT and Marshall J. Cohen, Trustees of the Highlander Plaza Realty Trust, and Highlander Plaza Limited Partnership, Defendants.

United States District Court, D. Massachusetts.

January 28, 2008.

Attorney(s) appearing for the Case

Martin F. Gaynor, III, Nicholas D. Stellakis, Cooley Manion Jones LLP, Boston, MA, for Plaintiff.

Kelley A. Jordan-Price, Hinckley, Allen And Snyder, LLP, Boston, MA, Stephen F. Wasinger, Stephen F. Wasinger PLC, Royal Oak, MI, for Defendants.

MEMORANDUM

TAURO, District Judge.

Introduction

Plaintiff McDonald's Corporation ("McDonald's") asserts that the Highlander Plaza shopping center in Salem, Massachusetts, is violating a restrictive covenant contained in a ground lease between McDonald's and the shopping center. Specifically, McDonald's challenges Highlander Plaza's legal authority to lease space to an International House of Pancakes ("IHOP") franchisee for the operation...

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