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IN RE UNITED CIGAR STORES CO. OF AMERICA

No. 156.

88 F.2d 621 (1937)

In re UNITED CIGAR STORES CO. OF AMERICA. Appeal of SALISBURY INV. CO.

Circuit Court of Appeals, Second Circuit.

March 8, 1937.

Attorney(s) appearing for the Case

Beekman, Bogue, Leake, Stephens & Black, of New York City (Edward K. Hanlon, Douglas M. Black, and Daniel F. Harrington, all of New York City, of counsel), for appellant.

Cravath, deGersdorff, Swaine & Wood, of New York City (R. L. Gilpatric, of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

In August, 1932, when United Cigar Stores Company of America was adjudicated a bankrupt upon its voluntary petition, it was the lessee of premises in Salt Lake City, Utah, under a lease from the appellant. Part of the premises were occupied by the bankrupt and the remainder it had sublet. Pursuant to court order, the trustee in bankruptcy rejected the lease, and thereafter, on February 15, 1933, an agreement...

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