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IN RE UNITED CIGAR STORES CO.

Nos. 467, 468.

72 F.2d 673 (1934)

In re UNITED CIGAR STORES CO. OF AMERICA. In re RETAIL CHEMISTS' CORPORATION.

Circuit Court of Appeals, Second Circuit.

August 10, 1934.

Attorney(s) appearing for the Case

Sullivan & Cromwell, of New York City (David W. Peck, of New York City, of counsel), for appellant.

Cravath, de Gersdorff, Swaine & Wood, of New York City (Wm. D. Whitney, R. L. Gilpatric, and E. V. Huggins, all of New York City, of counsel), for Irving Trust Co., trustee in bankruptcy for United Cigar Stores.

Root, Clark, Buckner & Ballantine, of New York City (William P. Palmer, H. H. Breland, and Leslie H. Arps, all of New York City, of counsel), for Irving Trust Co., trustee in bankruptcy for Retail Chemists' Corporation.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

On May 3, 1928, the predecessor of the claimant, to be called hereafter Consolidated, entered into a contract with United Cigar Stores Company of America, herein called merely United, which provided that United would purchase for the term of ten years from June 1, 1928 "* * * exclusively from Consolidated for all of its stores in whatever territory of the United States Consolidated is able to supply, all the ice cream and other frozen products...

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