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IN RE UNITED CIGAR STORES CO.

No. 55129.

8 F.Supp. 243 (1934)

In re UNITED CIGAR STORES CO. OF AMERICA.

District Court, S. D. New York.

February 3, 1934.

Attorney(s) appearing for the Case

Cravath, de Gersdorff, Swaine & Wood, of New York City (Donald C. Swatland, T. T. Cooke, and R. L. Gilpatric, all of New York City, of counsel), for trustee.

Sullivan & Cromwell, of New York City (David W. Peck, Robert S. Gordon, Emmet McCaffery, and William E. Nuessle, all of New York City, of counsel), for claimant.

PATTERSON, District Judge.

The Consolidated Dairy Products Company filed a claim against the bankrupt estate. The trustee moved to expunge the claim, but the referee held the claim valid. The trustee brought the matter here on petition to review.

The claim is based on a "requirements" contract made by the bankrupt with a predecessor of the claimant which will be referred to as Consolidated. The bankrupt owned and operated a chain of retail stores. The contract...

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