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IN RE FAMOUS FAIN CO.

No. 380.

13 F.2d 529 (1926)

In re FAMOUS FAIN CO., Inc. Appeal of O'FLYN.

Circuit Court of Appeals, Second Circuit.

July 12, 1926.

Attorney(s) appearing for the Case

Wingate & Cullen, of New York City (Conrad S. Keyes, of New York City, of counsel), for landlord appellant.

Leventritt, Riegelman, Carns & Schwarz, of New York City (W. M. Schwarz, of New York City, of counsel), for trustee in bankruptcy.

Max Silverstein, of New York City, for petitioning creditors.

Lhowe & Obstfeld, of New York City, for bankrupt.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

It is not doubted that, if O'Flyn's tenant became bankrupt during the life of the lease, it was terminable at the landlord's option. That was the bargain, both lawful and usual. This case, therefore, lies within the narrow limits of an inquiry as to who was the tenant of O'Flyn's premises when Famous Fain Company became bankrupt.

Admittedly there was a lease for years to Fain; that written lease...

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