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IN RE UNITED CIGAR STORES CO. OF AMERICA

No. 354.

85 F.2d 94 (1936)

In re UNITED CIGAR STORES CO. OF AMERICA. IRVING TRUST CO. v. D. A. SCHULTE, Inc.

Circuit Court of Appeals, Second Circuit.

July 23, 1936.

Attorney(s) appearing for the Case

Cravath, de Gersdorff, Swaine & Wood, of New York City (Donald C. Swatland and R. L. Gilpatric, both of New York City, of counsel), for reorganization trustee.

Jerome Eisner, of New York City (Julius B. Sheftel, of New York City, of counsel), for D. A. Schulte, Inc.

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

CHASE, Circuit Judge.

The claimant, itself the lessee of premises located on the northwest corner of Bowery and Canal streets in the city of New York, sublet them to the debtor on May 17, 1929, for a term of ten years beginning June 1, 1929, at the annual rental of $6,000. The head lease under which the claimant held the property was for a longer period and carried exactly the same rental.

On August 29, 1932, the debtor...

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