1. Home
  2. Browse Decisions
  3. F.2d
  4. 670 F.2d
  5. 670 F.2d 860 (1982)
 

WALGREEN ARIZONA DRUG CO. v. LEVITT

No. 80-5786.

670 F.2d 860 (1982)

WALGREEN ARIZONA DRUG CO., an Arizona corporation, Appellee, v. Mary Ann LEVITT, an unmarried woman; Janet Levitt, an unmarried woman; Norman D. Levitt, Aaron L. Levitt: and Sarah L. Hiller, as Trustees for the Thomas I. Levitt, II Trust; Aaron L. Levitt, Mathew J. Levitt and Elizabeth G. Levitt, as Trustees for the Norman D. Levitt "C" Trust; Aaron L. Levitt, Mathew J. Levitt, and Elizabeth G. Levitt, as Trustees for the Norman D. Levitt "D" Trust; Aaron L. Levitt, Mathew J. Levitt, and Elizabeth G. Levitt, as Trustees of the Norman D. Levitt "E" Trust; the N.L.F. Co., a Minnesota corporation, and Northwestern Life Insurance Company, a Minnesota corporation, Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 1982.

Rehearing and Rehearing Denied June 21, 1982.

Attorney(s) appearing for the Case

Philip T. Goldstein, Goldstein & Kingsley, Ltd., Phoenix, Ariz., for appellants.

Loren W. Counce, Jr., Snell & Wilmer, Phoenix, Ariz., Raymond Wallenstein, Los Angeles, Cal., argued, for appellee; Robert C. Bates, Phoenix, Ariz., on brief.

Before CHOY, GOODWIN and FARRIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 21, 1982.

GOODWIN, Circuit Judge.

The Levitts appeal a judgment of $3,277,625 damages in favor of Walgreen in a dispute over a piece of real estate leased to Walgreen and subsequently sold to the Levitts. Because the Levitts were precluded from presenting their affirmative defenses to liability, we reverse and remand.

FACTS

The property in question is part of a larger corner site in Scottsdale,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases