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LERNER STORES CORPORATION v. ELECTRIC MAID BAKE SHOPS

No. 5029.

24 F.2d 780 (1928)

LERNER STORES CORPORATION v. ELECTRIC MAID BAKE SHOPS et al. In re ELECTRIC BAKING CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

March 16, 1928.

Attorney(s) appearing for the Case

Walter J. Suthon, Jr., of New Orleans, La. (J. Blanc Monroe and Monte M. Lemann, both of New Orleans, La., on the brief), for appellant.

Claude L. Johnson, Sol Weiss, Louis H. Yarrut, and Frank J. Stich, all of New Orleans, La. (Milton P. Firestone, of St. Paul, Minn., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

In this case the facts, so far as they are material to a discussion of the issues presented, are these:

The Electric Baking Company, Inc., was adjudicated a bankrupt on its voluntary petition, July 3, 1925, and surrendered as assets the movable property in its store on Baronne street, New Orleans, which store had been rented from appellant at a monthly rate of $750 by a written lease having at least a year to run. The record does not...

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