ZEPHYR COVE LODGE, INC. v. FIRST NATIONAL BANK OF NEVADA

No. 71-1059.

478 F.2d 1121 (1973)

ZEPHYR COVE LODGE, INC., a corporation, Plaintiff-Appellant, v. The FIRST NATIONAL BANK OF NEVADA, as Administrator with Will Annexed of the Estate of George Whittell, Jr., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 5, 1973.


Attorney(s) appearing for the Case

Morton Galane (argued), Las Vegas, Nev., Robert F. List, Carson City, Nev., for plaintiff-appellant.

Casey W. Vlautin (argued), Virgil Wedge, Woodburn, Forman, Wedge, Blakey, Folsom & Hug, Reno, Nev., for defendant-appellee.

Before ELY and HUFSTEDLER, Circuit Judges, and CRARY, District Judge.


CRARY, District Judge:

The within appeal is from a summary judgment entered in favor of Appellee Bank as Administrator with Will Annexed of the Estate of George Whittell, Jr.

The case involves a suit by Zephyr Cove Lodge, Inc., a corporation, the assignee of the lessee Gene F. Empey, who is the sole stockholder and president of Zephyr Cove Lodge, Inc., against George Whittell, Jr., lessor, on the jurisdictional basis as provided in Title 28, United States...

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