First Security Bank of Utah, N.A. v. Northwest Airlines, Inc.

MEMORANDUM AND ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION ON THE PARTIES’ CROSS-MOTION FOR SUMMARY JUDGMENT

STEARNS, District Judge.

On June 29, 1998, Magistrate Judge Karol issued an exhaustive fifty-six page Report, recommending that plaintiffs be granted summary disposition on Count IV of the Third Amended Complaint (seeking a declaration of the rights of the parties). Defendant Northwest Airlines objected. After further briefing, a hearing was held on January 28, 1999. After careful study of the Report, the disputed Lease, 1 and the pleadings, I will adopt the substance…