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GREEN TREE SERVICING, LLC v. DBSI LANDMARK TOWERS

No. 10-2757.

652 F.3d 910 (2011)

GREEN TREE SERVICING, LLC, a Delaware Limited Liability Company, Plaintiff-Appellee, v. DBSI LANDMARK TOWERS, LLC, a Delaware Limited Liability Company, Defendant, Pillsbury-Landmark Towers, LLC; Howells-Landmark Towers, LLC; R & R-Landmark Towers, LLC; Plastic-Landmark Towers, LLC; Paredero-Landmark Towers, LLC; Sensenbaugh-Landmark Towers, LLC; Bsites-Landmark Towers, LLC; Ineichen-Landmark Towers, LLC; Garcia-Landmark Towers, LLC; Cusenza-Landmark Towers, LLC; Usalis-Landmark Towers, LLC; Barry-Landmark Towers, LLC; Bainter-Landmark Towers, LLC; SGB-Landmark Towers, LLC; Maxwell-Landmark Towers, LLC; M. O'Donnell-Landmark Towers, LLC; L. O'Donnell-Landmark Towers, LLC; Etzel-Landmark Towers, LLC; Karleskint-Landmark Towers, LLC; Brundidge-Landmark Towers, LLC; Venturi-Landmark Towers, LLC; Edwards-Landmark Towers, LLC; Sharp-Landmark Towers, LLC; SMG-Landmark Towers, LLC; DND-Landmark Towers, LLC; Cattaneo-Landmark Towers, LLC; Chaikin-Landmark Towers, LLC; A. Cusenza-Landmark Towers, LLC, Defendant Third Party Plaintiffs-Appellants, v. Green Tree Investment Holdings II, LLC, Third Party Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 30, 2011.

Attorney(s) appearing for the Case

Michael Flom, argued, Minneapolis, MN, Jessica A. Mitchell, Minneapolis, MN, David M. Bennett, Dallas, TX, on the brief, for appellant.

Richard Gary Mark, argued, Timothy Gary Gelinske, on the brief, Minneapolis, MN, for appellee.

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

The owners of Landmark Towers, a 25-story building in downtown St. Paul, Minnesota, appeal the district court's1 grant of summary judgment in favor of Green Tree Servicing, LLC (Green Tree), permitting Green Tree to vacate office space it subleased from the owners' tenant, DBSI Landmark Towers Leaseco, LLC (DBSI Leaseco). We affirm.

I.

The lease agreements...

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