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IN RE ELDERCARE PROPERTIES LTD.

Nos. 07-41057, 08-40244.

568 F.3d 506 (2009)

In the Matter of: ELDERCARE PROPERTIES LTD., Debtor. Valley Educational Foundation, Inc., Appellant, v. Eldercare Properties Ltd., Appellee. In the Matter of: Eldercare Properties Ltd., Debtor. Eldercare Properties Ltd., Appellant, v. Valley Educational Foundation, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

May 13, 2009.

Attorney(s) appearing for the Case

Leslie Sara Hyman, Cox, Smith, Matthews, San Antonio, TX, Zachery Z. Annable, George H. Tarpley (argued), Cox, Smith, Matthews, Dallas, TX, for Valley Educational Found., Inc.

Shelby A. Jordan (argued), Jordan, Hyden, Womble, Culbreth & Holzer, Corpus Christiu, TX, Lance Alan Kirby, Jones, Galligan, Key & Lozano, Weslaco, TX, Elana Sari Einhorn, Deborah G. Hankinson, Hankinson, Levinger, LLP, Dallas, TX, Michael J. Urbis, Jordan, Hyden, Womble & Culbreth, Brownsville, TX, for Eldercare Properties, Ltd.

Before O'CONNOR, Associate Justice (Ret.), and WIENER and STEWART, Circuit Judges.

O'CONNOR, Associate Justice (Retired):

These consolidated appeals concern the vitality of the lease of a nursing home facility, Valley Grand Manor. The lessor, Valley Educational Foundation ("VEF"), argues that it validly terminated the lease in June 2005, before the lease's primary term expired. It also argues that if the lease survived the attempted termination, the lessee, ElderCare Properties Ltd. ("ElderCare"), failed effectively to exercise its option to renew...

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