IN RE UNITED CIGAR STORES CO. OF AMERICA

No. 312.

83 F.2d 209 (1936)

In re UNITED CIGAR STORES CO. OF AMERICA (CITY BANK FARMERS TRUST CO., Appellant).

Circuit Court of Appeals, Second Circuit.

April 6, 1936.


Attorney(s) appearing for the Case

Mitchell, Taylor, Capron & Marsh, of New York City (Rollin Browne and Henry L. Glenn, both of New York City, of counsel), for claimant-appellant.

Cravath, de Gersdorff, Swaine & Wood, of New York City (Wm. D. Whitney, Donald C. Swatland, R. L. Gilpatric, and B. R. Shute, all of New York City, of counsel), for the reorganization trustee.

Shearman & Sterling and Berle & Berle, all of New York City (Sanford H. E. Freund, Winthrop H. Kellogg, and Douglas B. Steimle, all of New York City, of counsel), for appellees herein Preferred Stockholders' Protective Committee.

John Gerdes and John Godfrey Saxe, both of New York City, and Edward B. Lucius, of Chicago, Ill., amici curiæ.

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


CHASE, Circuit Judge.

The appellant is the assignee of a claim by a landlord who owned premises in Trenton, N. J., which were leased to the debtor for a term of twenty years beginning April 1, 1926. The debtor occupied no part of the leased premises itself, but sublet them as of right it might under the lease. On August 29, 1932, the debtor filed a voluntary petition in bankruptcy and was then adjudicated a bankrupt. At that time its rent had been paid in full. Its...

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