The Fay Corporation v. Frederick & Nelson Seattle, Inc.

896 F.2d 1227 The FAY CORPORATION, Plaintiff-Appellee/Cross-Appellant, v. FREDERICK & NELSON SEATTLE, INC., and BAT Holdings I Inc., Defendants-Appellants/Cross-Appellees. Nos. 88-3985, 88-3988 and 88-4064. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1989. Decided Feb. 28, 1990. John C. Grosz, Solinger, Grosz and Goldwasser, New York City, for defendants-appellants/cross-appellees. Hall Baetz, Davis, Wright and Jones, Seattle, Wash., for plaintiff-appellee/cross-appellant. Appeal from the United States District Court for the Western District of Washington. Before WALLACE, PREGERSON and ALARCON, Circuit Judges. PER CURIAM: 1 The parties contest the enforceability of a "gold clause" in a 99-year lease executed in 1929, and the allocation of adjusted rent liability under the clause. Fay Corporation filed a complaint in Washington state court seeking increased rents under the lease and its gold clause. Defendants-Appellants Frederick & Nelson Seattle (F & NS) and BAT Holdings I (BAT I) removed the case to federal court. 2 The district court efficiently disposed of the convoluted common law and statutory issues in a series of thorough and…