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REGIONAL ENTERPRISES v. TEACHERS INSURANCE & ANNUITY ASS'N

No. 19979.

352 F.2d 768 (1965)

REGIONAL ENTERPRISES, INC., a Washington corporation, Appellant, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, a foreign corporation, Appellee.

United States Court of Appeals Ninth Circuit.

October 26, 1965.

Attorney(s) appearing for the Case

Joe P. Delay, Delay & Curran, Spokane, Wash., for appellant.

William V. Kelley, E. Glenn Harmon, Witherspoon, Kelley, Davenport & Toole, Spokane, Wash., Clarence E. Galston, Joel Per, New York City, for appellee.

Before JERTBERG, DUNIWAY and ELY, Circuit Judges.

ELY, Circuit Judge:

Appellant, plaintiff below, is the assignee of certain rights of Shadle Center, Inc., which, on August 12, 1960, entered into a contract with Teachers Insurance and Annuity Association of America. It is upon this contract and succeeding related events that appellant based its claim. The contracting parties may, in the interest of brevity, be called Shadle and Teachers. In all pertinent transactions, Shadle was represented by, and acted through...

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