BP PRODUCTS NORTH AMERICA, INC. v. STANLEY

No. 10-2097.

669 F.3d 184 (2012)

BP PRODUCTS NORTH AMERICA, INCORPORATED, Plaintiff-Appellant, v. Charles V. STANLEY, Jr.; Telegraph Petroleum Properties, LLC, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 14, 2012.


Attorney(s) appearing for the Case

ARGUED: John E. Petite , Greensfelder, Hemker & Gale, PC, St. Louis, Missouri, for Appellant. John Edwin Coffey , Redmond, Peyton & Braswell, Alexandria, Virginia, for Appellees. ON BRIEF: Mark M. Hanna , Murphy Anderson PLLC, Washington, D.C., for Appellant. Daniel D. Mauler , Redmond, Peyton & Braswell, Alexandria, Virginia; Harry Carl Storm , Lerch, Early & Brewer, Chartered, Bethesda, Maryland, for Appellees.

Reversed in part, vacated in part, and remanded by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Judge SHEDD joined. Judge FLOYD wrote a dissenting opinion.


OPINION

TRAXLER, Chief Judge:

BP Products North America, Inc. ("BP") appeals a district court order granting summary judgment in favor of Charles V. Stanley, Jr., and his business, Telegraph Petroleum Properties, LLC ("Telegraph") (together, "Defendants") in BP's action seeking to enforce a restrictive covenant in a deed. BP also appeals the district court's award of attorneys' fees and costs. We reverse the grant of summary judgment, vacate the fee and...

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