Kenney Properties, Inc. v. Philadelphia Indemnity Insurance Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1842
KENNEY PROPERTIES, INC.; KENNEY HOLDINGS, LLC; KENNEY
REALTY SERVICES, LLC; GRESHAM PARK, LLC, d/b/a Autumn Pointe
Apartments,
Plaintiffs - Appellants,
v.
PHILADELPHIA INDEMNITY INSURANCE COMPANY,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:21-cv-00308-D)
Submitted: October 3, 2023 Decided: November 28, 2023
Before WILKINSON and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Theodore B. Smyth, Steven A. Bader, CRANFILL SUMNER, LLP, Raleigh,
North Carolina, for Appellants. David L. Brown, Martha P. Brown, GOLDBERG
SEGALLA LLP, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kenney Properties, Inc., Kenney Holdings, LLC, Kenney Realty Services, LLC, and
Gresham Park, LLC, appeal the district court’s order granting Philadelphia Indemnity
Insurance Company’s motion for judgment on the pleadings and dismissing the complaint
alleging breach of contract and unfair and deceptive trade practices. We have reviewed the
record and the parties’ briefs and find no reversible error. Accordingly, we affirm. Kenny
Props., Inc. v. Phila. Indem. Ins. Co., No. 5:21-cv-00308-D (E.D.N.C. July 14, 2022). We
dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would not aid the decisional
process.
AFFIRMED

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