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RARED MANCHESTER NH v. RITE AID OF NEW HAMPSHIRE

No. 11-2332.

693 F.3d 48 (2012)

RARED MANCHESTER NH, LLC, Plaintiff, Appellant, v. RITE AID OF NEW HAMPSHIRE, INC.; Rite Aid Corporation, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 29, 2012.

Attorney(s) appearing for the Case

Alton Colwell Stevens , with whom Marden, Dubord, Bernier & Stevens was on brief, for appellant.

John A. Hobson , with whom Perkins Thompson, P.A. was on brief, for appellees.

Before BOUDIN, SELYA and DYK, Circuit Judges.

SELYA, Circuit Judge.

There are no role models in the tale that we chronicle here. The story line pits a sophisticated developer against a sophisticated tenant. The parties had done business for many years and (at least in the developer's view) had established a template for future transactions. Their current dispute arose when the tenant forwarded to the developer a commercial lease containing a material term that deviated...

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