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McDONALD'S CORP. v. LEBOW REALTY TRUST

Civ. A. No. 85-4739-Y.

710 F.Supp. 385 (1989)

McDONALD'S CORPORATION, Plaintiff, v. LEBOW REALTY TRUST and Lawrence N. Lebow, as he is Trustee of the Lebow Realty Trust, Defendants.

United States District Court, D. Massachusetts.

April 11, 1989.

Attorney(s) appearing for the Case

Peter Ellis, Brandon White, Foley, Hoag, Eliot, Boston, Mass., for plaintiff.

Alan Rose, Nancy Watters, Nutter, McClennen, Fish, Neil Lerer, Martin Magnuson McCarthy & Kenney, Boston, Mass., for defendants.

MEMORANDUM OF DECISION

YOUNG, District Judge.

The plaintiff lessee, McDonald's Corporation, ("McDonald's") and the defendant lessor, Lebow Realty Trust, and its trustee, Lawrence Lebow, ("Lebow"), are before this Court on cross motions for summary judgment seeking interpretation of a real estate lease ("lease"), entered into on May 30, 1972, commencing on October 1, 1972, and terminating twenty years later on September 30, 1992. There are no material facts...

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