Regal Cinemas, Inc. v. First Interstate Willoughby, Ltd.

RALPH B. GUY, JR., Circuit Judge.

Plaintiff Regal Cinemas, Inc., appeals from the entry of summary judgment in favor of defendant First Interstate Willoughby, Ltd., on Regal’s claim that it mistakenly overpaid a total of $138,381.34 in rent for the years 2003 and 2004. The parties agree, as they did in their cross-motions for summary judgment, that this case calls for a legal interpretation of the plain language of the parties’ Lease and subsequent Amendment. We conclude that the Amendment’s method for calculating Percentage Rent superceded the Lease’s method, and therefore we affirm.

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Regal…