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IN RE RADIO-KEITH-ORPHEUM CORPORATION

No. 445.

91 F.2d 1004 (1937)

In re RADIO-KEITH-ORPHEUM CORPORATION. BURNETT v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

July 19, 1937.

Attorney(s) appearing for the Case

William J. Donovan, of New York City (Theodore S. Hope, Jr., and David Teitelbaum, both of New York City, of counsel), for reorganization trustee.

Walter Brower, of New York City, and George W. Yancey, of Birmingham, Ala. (London & Yancey, of Birmingham, Ala., of counsel), for claimant.

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

CHASE, Circuit Judge.

All the essential facts have been stipulated and are in outline as follows: On May 27, 1925, the claimant leased the Ritz Theatre in the city of Birmingham, Ala., to the Mudd & Colley Amusement Company for the term of twenty years beginning October 1, 1925, at an agreed annual rental which need not be stated. On October 31, 1925, the lessee assigned the lease to the Mudd & Mooney Trading Company...

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