ORR v. NEILLY

No. 6992.

67 F.2d 423 (1933)

ORR et al. v. NEILLY.

Circuit Court of Appeals, Fifth Circuit.

November 7, 1933.


Attorney(s) appearing for the Case

William A. Fuller and Douglas M. Orr, both of Atlanta, Ga., and D. C. Webb, of Knoxville, Tenn., for appellants.

Marion Smith and Clarence H. Calhoun, both of Atlanta, Ga., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.


BRYAN, Circuit Judge.

This is an appeal from an order in bankruptcy in which it was held that the claim of appellants was not provable against the estate of the Lane Drug Stores, Inc., bankrupt. The claim grows out of a lease of the premises occupied by the bankrupt prior to bankruptcy, executed in 1922 for a term of 50 years.

The owner of the premises reserved a rental of $600 per month, with the usual right of re-entry in case of default. In 1923 the original...

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