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BROWN v. IRVING TRUST CO.

No. 466.

66 F.2d 473 (1933)

BROWN et al. v. IRVING TRUST CO. In re UNITED CIGAR STORES CO. OF AMERICA.

Circuit Court of Appeals, Second Circuit.

July 17, 1933.

Attorney(s) appearing for the Case

Rumsey & Morgan, of New York City (Charles Dickerman Williams and Sidney Kaplan, both of New York City, of counsel), for appellants.

Cravath, de Gersdorff, Swaine & Wood, of New York City (Donald C. Swatland, Wm. D. Whitney, and R. L. Gilpatric, all of New York City, of counsel), for appellee.

Oscar R. Hallam, of St. Paul, Minn., and Charles Dickerman Williams, of New York City, for A. M. Hollister, amicus curiæ.

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

L. HAND, Circuit Judge.

This case is governed by the case of Manhattan Properties, Inc., v. Irving Trust Co., Trustee, 66 F.2d 470, handed down herewith, if the covenant in the lease is in substance the same. For this reason we confine ourselves to its consideration. The lease gave the lessor a right of re-entry upon breach of any of the covenants contained, or in case the term was seized on execution, or that the lessee was adjudicated...

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