IN RE F. & W. GRAND 5-10-25 CENT STORES

No. 83.

74 F.2d 45 (1934)

In re F. & W. GRAND 5-10-25 CENT STORES, Inc. TIPTON et al. v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

December 3, 1934.


Attorney(s) appearing for the Case

Edward W. Simms, of New York City (Charles Seligson, of New York City, of counsel), for petitioners-appellants.

Cravath, deGersdorff, Swaine & Wood, of New York City (William D. Whitney, Carl W. Painter and Frank H. Detweiler, both of New York City, of counsel), for respondent-appellee.

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


AUGUSTUS N. HAND, Circuit Judge.

The petitioners herein are landlords who seek to prove a claim in bankruptcy arising out of the alleged breach of a covenant in a lease made by them to F. & W. Grand 5-10-25 Cent Stores since adjudicated a bankrupt. This lease was of certain land and buildings in Los Angeles, Cal., and was for the term of fifty years commencing May 1, 1931, and continuing to April 30, 1981. The tenant was to pay a specified rent monthly and also...

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