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IN RE McCRORY STORES CORPORATION

No. 59.

73 F.2d 270 (1934)

In re McCRORY STORES CORPORATION. WALKER et al. v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

November 5, 1934.

Attorney(s) appearing for the Case

Pleasants & Lowry, of New York City (Samuel A. Pleasants and Benjamin G. Myron, both of New York City, of counsel), for petitioners-appellants.

Rosenberg, Goldmark & Colin, of New York City (Max Freund, of New York City, of counsel), for trustee-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

By lease of May 8, 1926, the petitioners-appellants let to McCrory Stores Corporation certain premises at Fort Worth, Texas. In the following clause the lease purported to grant to the owners of the real estate a lien on rentals to become due McCrory Stores Corporation from subtenants:

"To secure the payment of all sums to be paid by the Lessee to the Lessors, as Rent for said premises, or otherwise, including the aggregate...

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