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RAPID TRANSIT LINES, INC. v. WICHITA DEVELOPERS, INC.

No. 192-70.

435 F.2d 850 (1970)

RAPID TRANSIT LINES, INC., Plaintiff-Appellant, v. WICHITA DEVELOPERS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 29, 1970.

Attorney(s) appearing for the Case

Phillip Mellor, Wichita, Kan., for plaintiff-appellant.

Harry L. Hobson, Wichita, Kan. (Emmet A. Blaes, Wichita, Kan., on the brief), for defendants-appellees.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant Rapid Transit Lines, Inc., sued the defendants-appellees as the owners of real property to recover damages for wrongful eviction from leased premises and for unamortized lease improvement costs. The state court action was removed to federal court on diversity grounds and the trial court denied recovery.

The Lessee had a franchise to operate a public transportation system in Wichita, Kansas, and leased from the...

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