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MAJESTIC CO. v. ORPHEUM CIRCUIT

No. 7699.

21 F.2d 720 (1927)

MAJESTIC CO. v. ORPHEUM CIRCUIT, Inc.

Circuit Court of Appeals, Eighth Circuit.

September 13, 1927.

Attorney(s) appearing for the Case

Oscar Strauss, of Des Moines, Iowa (O. M. Brockett, of Des Moines, Iowa, on the brief), for plaintiff in error.

R. L. Read, of Des Moines, Iowa (B. B Kahane, of Chicago, Ill., and Sargent, Gamble & Read, of Des Moines, Iowa, on the brief), for defendant in error.

Before KENYON, Circuit Judge, and MOLYNEAUX and JOHN B. SANBORN, District Judges.

MOLYNEAUX, District Judge.

This action was brought by the Majestic Company, plaintiff in error, against Orpheum Circuit, Inc., defendant in error, to recover upon the covenants of a lease executed between the plaintiff, an Iowa corporation, and the Des Moines Amusement Company, a corporation organized under the laws of Illinois, the theory of the plaintiff being that the Des Moines Amusement Company was a mere agent or instrumentality of the defendant company.

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