IN RE NATIONAL CREDIT CLOTHING CO.

No. 4880.

66 F.2d 371 (1933)

In re NATIONAL CREDIT CLOTHING CO. LLOYD INV. CO. v. SCHMIDT.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied October 4, 1933.


Attorney(s) appearing for the Case

Bruno V. Bitker, Joseph E. Tierney, and Irving A. Puchner, all of Milwaukee, Wis. (Lloyd S. Jacobson, of Milwaukee, Wis., of counsel), for appellant.

Emil Hersh and Herbert Morse, both of Milwaukee, Wis., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


EVANS, Circuit Judge.

On September 30, 1929, bankrupt leased a building from appellant for a term of eighteen years at a rental of $15,500 per annum, in addition to which it agreed to pay the gas, electricity, heat bills, and taxes. Thereafter, bankrupt made a voluntary assignment to Oscar E. Schwemer of all of its assets, for the benefit of creditors, and said assignee, Schwemer, disaffirmed the lease. Shortly thereafter, in December, 1931, an involuntary petition...

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