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TRANS WORLD AIRLINES v. TRAVELERS INDEMNITY COMPANY

No. 16041.

262 F.2d 321 (1959)

TRANS WORLD AIRLINES, Inc., Appellant, v. The TRAVELERS INDEMNITY COMPANY, a corporation, Standard Accident Insurance Company, a corporation, MacDonald Construction Company, a corporation, and Foster & Creighton Company, a corporation, Appellees.

United States Court of Appeals Eighth Circuit.

January 5, 1959.

Attorney(s) appearing for the Case

Dick H. Woods, Kansas City, Mo., (Harold L. Warner, Jr., Harry L. West, Chadbourne, Parke, Whiteside & Wolff, New York City, and Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., were with him on the brief), for appellant.

F. Philip Kirwan, Kansas City, Mo. (Abraham E. Margolin, William S. Hogsett, J. D. James, Margolin & Kirwan, and Hogsett, Houts, James, Randall & Hogsett, Kansas City, Mo., were with him on the brief), for appellees.

Before JOHNSEN, VOGEL and MATTHES, Circuit Judges.

VOGEL, Circuit Judge.

Some time prior to June 15, 1955, the City of Kansas City, Missouri, entered into an agreement with Trans World Airlines, Inc., (TWA) whereby the city agreed to have constructed at the Mid-Continent International Airport certain extensive base facilities. Under that agreement, the facilities were to be leased to TWA, which was obligated to pay rent on the entire facility commencing January 1, 1957, regardless of whether the improvements to be...

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