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MACY CO., INC. v. MAY CO.

No. 55, September Term, 1994.

337 Md. 323 (1995)

R.H. MACY & CO., INC. ET AL. v. THE MAY DEPARTMENT STORES COMPANY ET AL.

Court of Appeals of Maryland.

February 9, 1995.

Attorney(s) appearing for the Case

John Henry Lewin, Jr. (C. Carey Deeley, Jr., Daniel W. China, Venable, Baetjer and Howard, all on brief), Baltimore, for appellants.

Ronald J. Dolan, St. Louis, MO (Lawrence S. Greenwald, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, all on brief), Baltimore, Jack McKay (Christine N. Kearns, Shaw, Pittman, Potts & Trowbridge, all on brief), Washington, DC, for appellees.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

RODOWSKY, Judge.

This case involves White Marsh, a regional shopping center on the west side of Interstate 95, a short distance north of the Baltimore Beltway in Baltimore County. When White Marsh opened there were five anchor department stores, each of which owned its store site in fee. All of the anchor stores were parties, together with the developer, to a Construction, Operation and Reciprocal Easement Agreement (the REA). When one of the original department store...

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