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KUHNER v. IRVING TRUST CO.

No. 406.

85 F.2d 35 (1936)

KUHNER et al. v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

July 13, 1936.

Attorney(s) appearing for the Case

Mitchell, Taylor, Capron & Marsh, of New York City (Rollin Broune, Ralph M. Arkush, and Henry L. Glenn, all of New York City, of counsel), for claimants.

Cravath, deGersdorff, Swaine & Wood, of New York City (William D. Whitney, of New York City, of counsel), for Trustee Irving Trust Co.

Edgar G. Crossman, of New York City, for debenture holders committee.

Sanford H. E. Freund, of New York City, for preferred stockholders' committee.

M. Carl Levine, of New York City, for Jacob Ruppert Realty Corporation, amicus curiæ.

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

L. HAND, Circuit Judge.

These appeals arise from a claim by lessors against a lessee, the debtor, in a reörganization proceeding under section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207. The debtor had entered the locus in quo under a lease from the claimants by which it agreed that, if it should be adjudicated a bankrupt, they might re-enter and that it would then "indemnify the Landlords against all loss of rent which the Landlords may incur by reason...

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