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IN RE UNITED CIGAR STORES CO.

No. 366.

85 F.2d 134 (1936)

In re UNITED CIGAR STORES CO. SANDMEYER et al. v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

July 23, 1936.

Attorney(s) appearing for the Case

Gilbert, Diamond & Brandeis, of New York City, and Solomon E. Harrison and Benjamin I. Morris, both of Chicago, Ill. (Milton Diamond, Susan Brandeis and Emanuel Feldberg, all of New York City, of counsel), for appellants.

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

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

PER CURIAM.

This is an appeal from an order expunging a claim against the debtor in reorganization, which arose out of the following facts: On March 4, 1920, the claimants leased a parcel of land in Chicago to the debtor for twenty-five years at an annual rent of $6,000. The lessee covenanted to pay the rent, not to assign the lease without the written consent of the lessors; and, if it should default in any of the covenants, or be adjudicated a bankrupt, and if the...

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