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NATIONAL CARBON CO. v. BANKERS' MORTGAGE CO.

No. 1118.

77 F.2d 614 (1935)

NATIONAL CARBON CO., Inc., v. BANKERS' MORTGAGE CO. OF TOPEKA, KAN., et al.

Circuit Court of Appeals, Tenth Circuit.

May 13, 1935.

Attorney(s) appearing for the Case

Thomas H. Kingsley, of Kansas City, Mo., for appellant.

Otis S. Allen, of Topeka, Kan. (J. D. M. Hamilton, of Topeka, Kan., on the brief), for appellees.

Before LEWIS and PHILLIPS, Circuit Judges, and KENNEDY, District Judge.

LEWIS, Circuit Judge.

Appellant presented its claim in the court below against the Bankers Mortgage Company of Topeka, Kansas, a Kansas corporation then in receivership in said court, and the court on hearing held appellant could not recover. The claim was based on unpaid rental under a lease. In July of 1932 appellant leased to the mortgage company for a term of years the tenth floor of a building in Kansas City, Missouri, for office purposes at an agreed rental...

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