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IN RE UNITED CIGAR STORES CO.

No. 227.

70 F.2d 263 (1934)

In re UNITED CIGAR STORES CO. OF AMERICA. CLOUDY REALTY CORPORATION v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

April 2, 1934.

Attorney(s) appearing for the Case

Weinstein & Levinson, of New York City (Frank Weinstein and Samuel J. Levinson, both of New York City, of counsel), for appellant Cloudy Realty Corporation.

Cravath, De Gersdorff, Swaine & Wood, of New York City (Wm. D. Whitney and R. L. Gilpatric, both of New York City, of counsel), for appellee.

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

CHASE, Circuit Judge.

The bankrupt held premises known as No. 557 Eighth avenue, in Manhattan, city of New York, under a lease from the owners in fee which was executed November 14, 1919. This lease gave to the lessors the option to cancel the lease and take possession of the demised premises if the lessee became bankrupt. It provided also that, if the lessors exercised such option, the parties would be released from all obligations under the lease. By express agreement...

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