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BURNS TRADING CO. v. WELBORN

No. 1264.

81 F.2d 691 (1936)

BURNS TRADING CO. v. WELBORN et al. In re MOUNTAIN STATES THEATRE CORPORATION'S ESTATE.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 22, 1936.

Attorney(s) appearing for the Case

Ben S. Wendelken, of Colorado Springs, Colo. (David P. Strickler, of Colorado Springs, Colo., on the brief), for appellant.

Walter M. Appel, of Denver, Colo. (Ira C. Rothgerber, of Denver, Colo., on the brief), for appellees.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

On December 7, 1928, the Burns Trading Company, as lessor, and the Mountain States Theatre Corporation as lessee, entered into a lease of the theatre portion of a building known as the Burns Theatre building, in Colorado Springs, Colorado, for a term of twenty years from December 15, 1928, for a rental of $17,000 per year, payable in equal monthly installments of $1,416.67.

Paragraphs numbered 16 and 20-½ of the lease read as...

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