Nos. 88-3985, 88-3988 and 88-4064.

896 F.2d 1227 (1990)

The FAY CORPORATION, Plaintiff-Appellee/Cross-Appellant, v. FREDERICK & NELSON SEATTLE, INC., and BAT Holdings I Inc., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1990.

Attorney(s) appearing for the Case

John C. Grosz, Solinger, Grosz and Goldwasser, New York City, for defendants-appellants/cross-appellees.

Hall Baetz, Davis, Wright and Jones, Seattle, Wash., for plaintiff-appellee/cross-appellant.

Before WALLACE, PREGERSON and ALARCON, Circuit Judges.


The parties contest the enforceability of a "gold clause" in a 99-year lease executed in 1929, and the allocation of adjusted rent liability under the clause. Fay Corporation filed a complaint in Washington state court seeking increased rents under the lease and its gold clause. Defendants-Appellants Frederick & Nelson Seattle (F & NS) and BAT Holdings I (BAT I) removed the case to federal court.

The district court efficiently disposed...

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