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UNITED STATES v. SMAIL

No. 196.

24 F.2d 786 (1928)

UNITED STATES v. SMAIL et al. Ex parte O'LEARY et al.

Circuit Court of Appeals, Second Circuit.

March 12, 1928.

Attorney(s) appearing for the Case

H. & J. J. Lesser, of New York City (Emory R. Buckner, John M. Harlan, and S. S. Isseks, all of New York City, of counsel), for appellant Realty Corporation.

William Harvey Smith, of New York City (John de Raismes Storey and William Harvey Smith, both of New York City, of counsel), for appellees O'Leary.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

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

In U. S. v. Gaffney (C. C. A.) 10 F.2d 694, where the complicity of the lessee with a sublessee was well established, we held that the lessor might forfeit the lease and re-enter under a decree upon such a cross-bill as that at bar. U. S. v. Duignan, 4 F.2d 983 (C. C. A. 2), affirmed 274 U.S. 195, 47 S.Ct. 566...

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