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GEN. DYNAMICS CORP. v. ZANTOP INTERN. AIR.

No. 2 CA-CIV 5288.

147 Ariz. 92 (1985)

708 P.2d 773

GENERAL DYNAMICS CORPORATION, a Delaware corporation, and ITL, Inc., a Connecticut corporation, Plaintiffs/Appellants, v. ZANTOP INTERNATIONAL AIRLINES, a Michigan corporation, and United Air Leasing, an Oklahoma corporation, Defendants/Appellees, and British Aviation Insurance Corporation, a foreign corporation, Intervenor-Plaintiff/Appellee. BRITISH AVIATION INSURANCE CORPORATION, a foreign corporation, Intervenor-Plaintiff/Appellee, v. ZANTOP INTERNATIONAL AIRLINES, a Michigan corporation, and United Air Leasing, an Oklahoma corporation, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department A.

Rehearing Denied August 23, 1985.

Review Denied November 5, 1985.

Attorney(s) appearing for the Case

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by Mark S. Sifferman, Phoenix, for ITL, Inc., and General Dynamics Corp.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by Larry L. Smith and M.E. Rake, Jr., Phoenix, for Zantop & United Air Leasing.

Martori, Meyer, Hendricks & Victor, P.A. by Larry A. Hammond and Donald M. Peters, Phoenix, for British Aviation Ins. Co.

OPINION

BIRDSALL, Presiding Judge.

This appeal is over the right of an insurer, The British Aviation Insurance Company, Ltd. (BAIC) to recover the amount it paid for damage to a DC-8 at Marana Air Park in Pinal County on March 13, 1980. BAIC paid $75,979 to its insured, FBA Aircraft, S.A. (FBA). The claim of BAIC is opposed by the appellants ITL, Inc. (ITL), the conditional seller of the DC-8, which still had title to the plane, and General Dynamics Corporation...

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