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ACKEN v. KROGER CO.

Case No. 1:14CV00011.

58 F.Supp.3d 620 (2014)

William B. ACKEN, Jr., et al., Plaintiffs, v. The KROGER COMPANY, d/b/a Bluefield Beverage, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

Signed November 10, 2014.

Attorney(s) appearing for the Case

Roger W. Mullins , Roger W. Mullins, PLLC, Tazewell, Virginia, and Steven R. Minor , Elliott Lawson & Minor, Bristol, VA, for Plaintiffs.

Bryan Grimes Creasy and Justin E. Simmons , Johnson, Ayers & Matthews, P.L.C., Roanoke, VA, for Defendant.

OPINION AND ORDER

In this diversity action arising under Virginia law, the facts show that a commercial tenant gave proper notice of non-renewal of the lease. Shortly before the lease term ended, the property was damaged by thieves. Following termination, the tenant—mistakenly, it claims—continued...

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