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IN RE RADIO-KEITH-ORPHEUM CORPORATION

No. 444.

91 F.2d 938 (1937)

In re RADIO-KEITH-ORPHEUM CORPORATION. FORT WORTH PROPERTIES CORPORATION v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

July 12, 1937.

Attorney(s) appearing for the Case

Zalkin & Cohen, of New York City (Israel Akselrod and Barney B. Fensterstock, both of New York City, of counsel), for claimant-appellant-appellee Fort Worth Properties Corporation.

William J. Donovan, of New York City (David Teitelbaum and Theodore S. Hope, Jr., both of New York City, of counsel), for appellee-appellant Irving Trust Company, as trustee in reorganization of Radio-Keith-Orpheum Corporation.

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

AUGUSTUS N. HAND, Circuit Judge.

Fort Worth Properties Corporation leased a moving picture theater in Fort Worth, Tex., to R-K-O Southern Corporation, which is a wholly-owned subsidiary of Radio-Keith-Orpheum Corporation, the debtor in the above reorganization proceeding instituted under section 77B of the Bankruptcy Act (11 U.S.C.A. § 207). Radio-Keith-Orpheum Corporation guaranteed in writing the performance of the lease by R-K-O Southern. The landlord, Fort...

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