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IN RE UNITED CIGAR STORES CO. OF AMERICA

No. 55129.

4 F.Supp. 859 (1933)

In re UNITED CIGAR STORES CO. OF AMERICA.

District Court, S. D. New York.

August 17, 1933.

Attorney(s) appearing for the Case

Cravath, De Gersdorff, Swaine & Wood, of New York City (Thomas T. Cooke, of New York City, of counsel), for Irving Trust Co., trustee.

Henry S. Miller, of New York City, for claimant William O. Hay, executor.

PATTERSON, District Judge.

The case presents another controversy as to the provability of a landlord's claim for future rent against the estate of the bankrupt tenant. The referee granted a motion of the trustee in bankruptcy to strike from the landlord's proof of claim the amount claimed on account of rent to become due in the future. The matter comes up on petition to review.

In 1922 the Hay estate made a lease to the bankrupt of certain real estate in Easton...

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