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IN RE OUTFITTERS' OPERATING REALTY CO.

No. 201.

69 F.2d 90 (1934)

In re OUTFITTERS' OPERATING REALTY CO., Inc. A. W. PERRY, Inc., v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

February 13, 1934.

Attorney(s) appearing for the Case

Larkin, Rathbone & Perry, of New York City (Thomas F. Dougherty and Theodore Pearson, both of New York City, of counsel), for appellant.

Beekman, Bogue & Clark, of New York City (John A. McNaughton and Edward K. Hanlon, both of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

This appeal raises the provability in bankruptcy of the claim of a landlord under a covenant in a lease which read as follows: "* * * For the more effectual securing to the Lessor of the rent and other payments herein provided, it is agreed as a further condition of this lease that the filing of any petition in bankruptcy or insolvency by or against the Lessee shall be deemed to constitute a breach of this lease, and thereupon, ipso facto,...

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