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IN RE PARAMOUNT PUBLIX CORPORATION

No. 357.

85 F.2d 83 (1936)

In re PARAMOUNT PUBLIX CORPORATION. MADISON-TOLEDO CO. v. PARAMOUNT PICTURES, Inc. (formerly Paramount Publix Corporation).

Circuit Court of Appeals, Second Circuit.

July 23, 1936.

Attorney(s) appearing for the Case

Fletcher & Brown, of New York City, and Williams, Eversman & Morgan, of Toledo, Ohio (Orville C. Sanborn, of New York City, and Harry W. Morgan, of Toledo, Ohio, of counsel), for Madison-Toledo Co.

Root, Clark, Buckner & Ballantine, of New York City (Henry J. Friendly, of New York City, of counsel), for Paramount Pictures, Inc.

Cadwalader, Wickersham & Taft, of New York City, and James B. Benedict, of Cincinnati, Ohio, for Hulbert Taft, amicus curiae.

Riegelman, Hess & Hirsch, of New York City, and Cannon, Speith, Taggart, Spring & Annat, of Cleveland, Ohio, for Theodore De Witt, receiver of Hotel Hollenden Co., amicus curiae.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

On June 12, 1926, the debtor, whose corporate name was then Famous Players-Lasky Corporation, leased a piece of real estate in Toledo, Ohio, of the appellant, Madison-Toledo Company, for the term of fifteen years at a stipulated rental. The lease contained no clause providing for continued liability of the lessee to the lessor in the event of re-entry by the lessor after default nor for the collection by the lessor in any event of subrents. On...

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