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LEE GRAHAM SHOPPING CENTER v. ESTATE OF KIRSCH

No. 13-2348.

777 F.3d 678 (2015)

LEE GRAHAM SHOPPING CENTER, LLC, Plaintiff-Appellee, and Lee Graham Shopping Center Limited Partnership; Paul V. Zehfuss; Sitta M. Zehfuss; Nicole M. Zehfuss; Paul H. Zehfuss; T. Eugene Smith, Third Party Defendants-Appellees, v. ESTATE OF Diane Z. KIRSCH; Diane Z. Kirsch Family Trust; Separate Trust for the Benefit of Wayne Cullen, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: February 2, 2015.

Attorney(s) appearing for the Case

ARGUED: Roger Alexander Hayden, II , Pasternak & Fidis, P.C., Bethesda, Maryland, for Appellants. Kerr Stewart Evans, Jr. , Evansstarett PLC, Fairfax, Virginia, for Appellees. ON BRIEF: Nathan S. Brill , Pasternak & Fidis, P.C., for Appellants.

Affirmed by published opinion. Judge SHEDD wrote the opinion in which Judge WILKINSON and Judge THACKER joined.

In May 2011, Diane Z. Kirsch assigned her limited partnership interest ("Interest") in the Lee Graham Shopping Center Limited Partnership ("Partnership"),1 a business closely held by members of two families, to the Diane Z. Kirsch Family Trust ("Kirsch Trust"). By the terms of the Kirsch Trust,...

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