Los Angeles Airways, Inc., a Corporation v. Chester C. Davis, Los Angeles Airways, Inc., a Corporation v. Chester C. Davis

Plaintiff-Appellant in this' diversity action appeals from an order granting summary judgment for the defendant based on the defendant’s claim of privilege. Defendant-Appellee cross appeals from orders of the district court denying leave to file a third party complaint and to join Summa Corporation as a third party defendant in this action. Because we conclude that the district court properly granted the motion for summary judgment, we need not address the issues raised by the defendant.

I.

Appellant Los Angeles Airways (hereinafter “LAA”) brought this action against Appellee Chester C. Davis for tortious interference with its contractual relationship with Summa Corporation (formerly Hughes Tool Company) and Hughes Air Corporation. LAA specifically alleged that Davis wrongfully, intentionally, and maliciously induced Howard Hughes to cause Summa Corporation and Hughes Air Corporation to breach an oral agreement with LAA to purchase all of LAA’s assets and liabilities. Davis’ answer denied the existence of an oral agreement to purchase LAA and claimed, by way of affirmative defense, that if his conduct did induce a breach of the alleged agreement, he was privileged to act in such…