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IN RE METROPOLITAN CHAIN STORES

No. 307.

66 F.2d 485 (1933)

In re METROPOLITAN CHAIN STORES, Inc. (two cases). FIRST NAT. BANK OF CANTON, OHIO, v. IRVING TRUST CO. KOLP et al. v. SAME.

Circuit Court of Appeals, Second Circuit.

July 17, 1933.

Attorney(s) appearing for the Case

Gregory, Stewart & Montgomery, of New York City (W. Randolph Montgomery, of New York City, of counsel), for appellants.

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

Joseph F. Mann, of New York City (Donald Adams Powell, of New York City, of counsel), for National Association of Owners and Managers, amicus curiæ.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

The appellants owned parcels of realty, leased to the bankrupt, and present claims in an amount sufficient to restore the premises altered by the bankrupt, as lessee, upon the expiration of the lease by bankruptcy. The leases are identical in terms. That held by the First National Bank of Canton provides that the lessee could alter the premises, and that at the termination of the lease or any expiration or renewal thereof the lessee would restore...

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