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DUCK CREEK TIRE SERVICE v. GOODYEAR CORNERS

No. 09-0999.

796 N.W.2d 886 (2011)

DUCK CREEK TIRE SERVICE, INC., an Iowa Corporation, and Midwest Mexican Connection, Ltd., an Iowa Corporation, Appellants, v. GOODYEAR CORNERS, L.C., Appellee.

Supreme Court of Iowa.

April 8, 2011.

Attorney(s) appearing for the Case

Michael J. McCarthy of McCarthy, Lammers & Hines, Davenport, for appellants.

Richard A. Davidson of Lane & Waterman LLP, Davenport, for appellee.

WIGGINS, Justice.

This appeal involves an action for damages filed by two shopping center sub-sublessees against their sub-sublessor based upon a breach of the covenant of quiet enjoyment. The leased premises involved in this action were subject to a master lease that had been assigned and subleased numerous times before the sub-sublessees obtained possession of their respective premises. The district court found in favor of the sub-sublessor and dismissed the sub...

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