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APPLE VALLEY BLDG. & DEVELOP. CO. v. BONANZA AIR LINES, INC.

No. 22614.

423 F.2d 661 (1970)

APPLE VALLEY BLDG. & DEVELOPMENT CO., Inc., Appellant, v. BONANZA AIR LINES, INC., Appellee.

United States Court of Appeals, Ninth Circuit.

March 3, 1970.

Attorney(s) appearing for the Case

Joseph D. Mullender, Jr. (argued), Stephen A. Cirillo, Joseph A. Ball, of Ball, Hunt, Hart & Brown, Long Beach, Cal., for appellant.

Clyde R. Maxwell (argued), Daniel R. Sheahan, of Maxwell & Sheahan, Los Angeles, Cal., Arthur M. Taylor, Phoenix, Ariz., for appellee.

Before DUNIWAY, HUFSTEDLER and KILKENNY, Circuit Judges.

DUNIWAY, Circuit Judge:

Apple Valley Building and Development Co. (Apple Valley) sued Bonanza Air Lines (Bonanza) in a diversity action to recover rent, ordinary landing fees, and excess weight landing fees all alleged to be due under the terms of a written lease of an airport. The rent and ordinary landing fees claimed were admittedly due. Excess weight fees were claimed from June 1, 1960. Liability for these was denied. The trial court entered a summary judgment...

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