Legal Opinion

Aero Nautical Leasing Corp. v. Arimetco, Inc.

Court of Appeals for the Ninth Circuit

Decided October 31, 2008No. 07-15698Published

1Opinion of the Court

MEMORANDUM **

Aero Nautical Leasing Corporation (Aero) appeals from the district court’s order affirming the bankruptcy court’s denial of Aero’s motion to require Chapter 11 debtor Arimetco, Inc. (Arimetco) to close on the sale of mining property to Aero. The district court had jurisdiction under 28 U.S.C. § 158(a), and we have jurisdiction pursuant to 28 U.S.C. § 158(d). We affirm.

The district court did not err in holding that the agreement, which includes an option to purchase real property and mining claims, is severable. The terms and provisions of the contract indicate that the parties…

2Cases cited5 opinions

  1. Waddell v. WhiteArizona Supreme Court · 1938
  2. O'Malley Investment and Realty Co. v. TrimbleCourt of Appeals of Arizona · 1967
  3. Leeker v. MarcotteArizona Supreme Court · 1932
  4. Kahl v. WinfreyArizona Supreme Court · 1956
  5. Clark v. LevyArizona Supreme Court · 1923

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