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IN RE VAN FLEET

No. 17171.

4 F.Supp. 332 (1933)

In re VAN FLEET.

District Court, W. D. Pennsylvania.

February 21, 1933.

Attorney(s) appearing for the Case

Wylie McCaslin, of New Castle, Pa., for rent claimant.

Matthews & Jamison, of New Castle, Pa., for trustee.

Edwin M. Underwood, of New Castle, Pa., referee.

SCHOONMAKER, District Judge.

This case came before the court on certificate to review an order of a referee disallowing an accelerated, preferential rent claim of Frank P. McCandless and Mabel McCandless.

The referee held the acceleration clause of the lease to be void, as against the bankrupt estate in the hands of the trustee, under authority of Kothe v. Taylor Trust, 280 U.S. 224, 50 S.Ct. 142, 74 L. Ed. 382; further, that...

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