Rapid Transit Lines, Inc. v. Wichita Developers, Inc.

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant Rapid Transit Lines, Inc., sued the defendants-appellees as the owners of real property to recover damages for wrongful eviction from leased premises and for unamortized lease improvement costs. The state court action was removed to federal court on diversity grounds and the trial court denied recovery.

The Lessee had a franchise to operate a public transportation system in Wichita, Kansas, and leased from the City certain lots to use as a bus garage. The 10-year lease gave the City the right to terminate on June 3 of any calendar year provided…