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RENTAL DEVELOPMENT CORPORATION OF AMERICA v. LAVERY

No. 17401.

304 F.2d 839 (1962)

RENTAL DEVELOPMENT CORPORATION OF AMERICA, an Arizona Corporation, Appellant, v. R. K. LAVERY, Donna J. Lavery, his Wife; J. E. Mainella and Lucille Mainella, his Wife, a Partnership, Doing Business as Big Camel Drug & Variety, Appellees.

United States Court of Appeals Ninth Circuit.

June 26, 1962.

Attorney(s) appearing for the Case

Elsing & Crable, William T. Elsing, and F. R. Crable, Phoenix, Ariz., for appellant.

Powers & Rehnquist, and William H. Rehnquist, Phoenix, Ariz., for appellees.

Before HAMLEY and DUNIWAY, Circuit Judges, and SOLOMON, District Judge.

HAMLEY, Circuit Judge.

In this action for breach of lease defendant lessor, Rental Development Corporation of America, appeals from a judgment for plaintiff lessees. The lessees are two married couples doing business as Big Camel Drug & Variety, a partnership. Jurisdiction in the district court rested on diversity of citizenship. On the appeal we have jurisdiction under 28 U.S.C. § 1291.

Appellant is the owner of a shopping center in Phoenix, Arizona...

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