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SPILLINGER v. C. O. MILLER CO.

No. 139.

80 F.2d 88 (1935)

SPILLINGER v. C. O. MILLER CO. WAVERLY CO. v. NORMAN et al.

Circuit Court of Appeals, Second Circuit.

December 9, 1935.

Attorney(s) appearing for the Case

Frank Rich, of Stamford, Conn., for appellant.

Frederick H. Wiggin, of New Haven, Conn. (Huntington T. Day, of New Haven, Conn., of counsel), for appellees.

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

SWAN, Circuit Judge.

The appellant is the assignee of the landlord's interest in a lease demising to the Miller Company premises in Stamford, Conn., for a term of fifteen years beginning February 22, 1930. On February 10, 1933, receivers in equity were appointed for the Miller Company on a bill filed in the court below and the defendant's answer consenting thereto. Within the time fixed for presenting claims, the appellant filed a claim for damages for anticipatory...

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