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STRATOSPHERE LITIGATION L.L.C. v. GRAND CASINOS

No. 01-15947.

298 F.3d 1137 (2002)

STRATOSPHERE LITIGATION L.L.C., Plaintiff-Appellant, v. GRAND CASINOS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2002.

Attorney(s) appearing for the Case

Jay Goldberg, New York, NY, for the plaintiff-appellant.

Howard J.C. Nicols, Squire, Sanders & Dempsey L.L.P., Cleveland, OH, for the defendant-appellee.

Before: SNEED, HUG, and BERZON, Circuit Judges.

OPINION

SNEED, Circuit Judge.

This case arises out of the bankruptcy of Stratosphere Corporation ("Stratosphere"). Stratosphere Litigation, LLC ("SL") appeals the district court's grant of partial summary judgment and its decision in favor of Grand Casinos, Inc. ("Grand") following a bench trial.

SL filed a breach of contract action against Grand as a third-party beneficiary to a contract between Grand and Stratosphere. The contract provided that...

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