IN RE METROPOLITAN CHAIN STORES

No. 314.

66 F.2d 482 (1933)

In re METROPOLITAN CHAIN STORES, Inc. MALAVAZOS et al. v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

July 17, 1933.


Attorney(s) appearing for the Case

Cabell, Ignatius & Lown, of New York City, and Dolle, O'Donnell & Cash, of Cincinnati, Ohio, for appellants.

Zalkin & Cohen, of New York City (Israel Akselrod, of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.


SWAN, Circuit Judge.

The appellants as lessors and the bankrupt as lessee entered into a written lease, dated January 15, 1930, by which premises in Ohio were leased to the bankrupt for a term of thirty years from January 1, 1935, at a graduated rental payable monthly in advance after possession should be given to the lessee. The lease gave the lessors the privilege of requiring the lessee, upon thirty days' notice, to take...

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