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ELDERBERRY v. LIVING CENTERS-SOUTHEAST, INC.

No. 13-2176.

794 F.3d 406 (2015)

ELDERBERRY OF WEBER CITY, LLC, a Virginia limited liability company, Plaintiff-Appellee, v. LIVING CENTERS-SOUTHEAST, INCORPORATED, a North Carolina corporation; FMSC Weber City Operating Company, LLC, a Delaware limited liability company; Continiumcare of Weber City, LLC, a Florida limited liability company; Mariner Health Care, Incorporated, a Delaware corporation, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: July 21, 2015.

Amended: August 10, 2015.

Attorney(s) appearing for the Case

ARGUED: James F. Segroves , Hooper, Lundy & Bookman, PC, Washington, D.C., for Appellants. James Strother Crockett, Jr. , Spilman Thomas & Battle, PLLC, Charleston, West Virginia, for Appellee. ON BRIEF: Lori D. Thompson , Leclairryan, PC, Roanoke, Virginia, for Appellants. Travis A. Knobbe , M. Mallory Mantiply , Spilman Thomas & Battle, PLLC, Roanoke, Virginia, for Appellee.

Affirmed in part, vacated in part, and remanded with instructions by published opinion. Judge GREGORY wrote the opinion, in which Judge MOTZ and Judge WYNN joined.

Plaintiff-appellee Elderberry of Weber City, LLC ("Elderberry") filed this civil action in the Western District of Virginia alleging breach of a lease for a skilled nursing facility against defendants-appellants Living Centers — Southeast, Inc. ("Living Centers"), FMSC Weber...

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