Evergreen International Airlines, Inc. v. Pan American World Airways, Inc.

46 F.3d 1140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. EVERGREEN INTERNATIONAL AIRLINES, INC., Plaintiff-Appellee, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-Appellant. No. 93-35303. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1994. Decided Feb. 2, 1995. Before: FLETCHER, D.W. NELSON and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Pan American World Airways, Inc., ("Pan Am") petitions for review of the district court's dismissal on summary judgment of Pan Am's counterclaims against Evergreen International Airlines, Inc., and Evergreen Ventures, Inc., ("Evergreen") arising out of a lease agreement that was terminated because of non-payment by Pan Am and Pan Am's bankruptcy. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. BACKGROUND 3 Evergreen leased seven Boeing 747 planes and 28 engines to Pan Am between 1988 and 1990. Pan Am filed for reorganization under Sec. 301 of Chapter 11 of the Bankruptcy Code on January 8,…