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IN RE CIRCLE K CORP.

No. 95-15789.

98 F.3d 484 (1996)

In re The CIRCLE K CORPORATION, Debtor. The CIRCLE K CORPORATION, Appellant, v. Frank F. COLLINS, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 17, 1996.

Attorney(s) appearing for the Case

Lawrence G. Scarborough, Kelly A. O'Connor, and Chad H. Kolodisner, Brown & Bain, P.A., Phoenix, AZ, for appellant.

Joseph M. Huey, Huey & Winski, Phoenix, AZ, for appellee.

David D. Dodge, Lieberman, Dodge, Sendrow & Gerding, Phoenix, AZ, for amicus.

Before: CHOY, CANBY and FERNANDEZ, Circuit Judges.

CANBY, Circuit Judge:

Circle K Corporation leased property from landowner Frank Collins, agreeing to pay rent calculated at two percent of "gross sales" on the premises, with certain specified exceptions. After the lease was in effect, Arizona authorized a state lottery and Circle K became one of its sales agents. The lease made no mention of lottery receipts. The question for decision here is whether Collins is entitled to two percent of total lottery ticket sales...

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