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IN RE CIGAR STORES REALTY HOLDINGS

No. 309.

69 F.2d 823 (1934)

In re CIGAR STORES REALTY HOLDINGS, Inc.

Circuit Court of Appeals, Second Circuit.

March 19, 1934.

Attorney(s) appearing for the Case

Louis Winer, of New York City (Ludwig M. Wilson, of New York City, of counsel), for petitioner-appellant.

Cravath, De Gersdorff, Swaine & Wood, of New York City (Wm. D. Whitney and R. L. Gilpatric, both of New York City, of counsel), for Irving Trust Company, Trustee in Bankruptcy of Cigar Stores Realty Holdings, Inc.

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

CHASE, Circuit Judge.

The Commonwealth Trust Company of Pittsburgh, Pa., held the title to a mortgage on certain real estate in Pittsburgh of which the bankrupt owned the fee. The petition in bankruptcy was filed August 29, 1932. Between that date and December 1, 1932, the trustee in bankruptcy collected rent from tenants. The petitioner is now claiming these rents and seeking an order to establish its right to them. On the latter date the petitioner asserted defaults...

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