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SOCIETA ITALIANA DI MUTUA BENEFICENZA v. BURR

No. 7199.

71 F.2d 496 (1934)

SOCIETA ITALIANA DI MUTUA BENEFICENZA v. BURR. In re NAVE.

Circuit Court of Appeals, Ninth Circuit.

June 4, 1934.

Attorney(s) appearing for the Case

Bacigalupi, Elkus & Salinger, of San Francisco, Cal. (George F. Buck, Jr., of San Francisco, Cal., of counsel), for appellant.

Torregano & Stark, of San Francisco, Cal., for appellee.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

WILBUR, Circuit Judge.

The bankrupt, G. B. Nave, was a tenant of certain lands used for agricultural purposes under a five-year lease from April 2, 1925, to April 2, 1930. Thereafter he held over on a month to month tenancy as provided by the lease at a monthly rental of $95 per month. A crop of vegetables was growing on the land which it is stipulated was of the value of $400. The tenant had installed a 10 H. P. motor and pump. The trustee in bankruptcy petitioned...

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