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IN RE F. & W. GRAND 5-10-25 CENT STORES

No. 416.

70 F.2d 691 (1934)

In re F. & W. GRAND 5-10-25 CENT STORES, Inc. MARSHALL & ILSLEY BANK v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

May 7, 1934.

Attorney(s) appearing for the Case

McManus, Ernst & Ernst, of New York City (Walter E. Ernst and Lester D. Melzer, both of New York City, of counsel), for appellant.

Cravath, de Gersdorff, Swaine & Wood, of New York City (Frederick H. Wood and Joseph Day Lee, both of New York City, of counsel), for appellee.

Ernst, Gale, Bernays & Falk, of New York City (Murray C. Bernays and George G. Ernst, both of New York City, of counsel), amici curiæ.

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

SWAN, Circuit Judge.

Upon a petition filed on July 14, 1932, F. & W. Grand 5-10-25 Cent Stores, Inc., was adjudicated bankrupt, and the appellee subsequently qualified as its trustee in bankruptcy. In September, 1928, the bankrupt as lessee entered into a lease of certain premises in New York City for a term ending December 31, 1948. In May, 1929, the bankrupt sublet the whole of said premises to Lerner Stores Corporation for a term ending one day short of its...

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