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STL 300 N. 4TH, LLC v. VALUE ST. LOUIS ASSOCIATES

No. 07-1663.

540 F.3d 788 (2008)

STL 300 N. 4th, LLC, Plaintiff-Appellant, STL 400 N. 4th, LLC, Plaintiff, v. Value St. Louis Associates, L.P., Defendant-Appellee, Integrity Real Estate Corp., Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: September 3, 2008.

Attorney(s) appearing for the Case

Thomas Cummings, argued, Jeffery T. McPherson, Jonathan D. Valentino, on the brief, St. Louis, MO, for appellant.

Thomas L. Caradonna, argued, C. David Goerisch, on the brief, St. Louis, MO, for appellee.

Before COLLOTON and SHEPHERD, Circuit Judges, and ERICKSON, District Judge.

SHEPHERD, Circuit Judge.

In this diversity action, plaintiff STL 300 N. 4th LLC appeals the district court's grant of summary judgment and declaratory judgment in favor of defendant Value St. Louis Associates, L.P. For the reasons explained below, we reverse and remand.

I.

On April 21, 1964, a ground lease was entered into for real estate located at 300 North 4th Street in St. Louis, Missouri; the lease was amended on September 1, 1967. STL 300 N...

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