Capitol Funds, Inc., A/K/A Skyland Investment Company, Inc., Cross-Appellant v. Arlen Realty, Inc., Cross-Appellee

TUTTLE, Senior Circuit Judge:

I. BACKGROUND

A tenant, Capitol Funds, Inc., filed a declaratory judgment action asking the district court to construe its repair, replacement, and maintenance obligations under the terms of a long-term commercial lease. The landlord, Arlen Realty, Inc., counterclaimed for breach of contract, seeking damages and termination of the leasehold. The district court granted summary judgment for the landlord on the tenant’s claim and for the tenant on the landlord’s counterclaim. The landlord filed an appeal on the counterclaim and the tenant filed a cross-appeal on the…