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IN RE WINN SHOE CO.

No. 204.

87 F.2d 713 (1937)

In re WINN SHOE CO., Inc. IRVING TRUST CO. v. GREEN BROS. REALTY TRUST.

Circuit Court of Appeals, Second Circuit.

February 1, 1937.

Attorney(s) appearing for the Case

Otterbourg, Steindler & Houston, of New York City (Edward F. Unger, of New York City, of counsel), for appellant.

Benjamin A. Hartstein, of New York City (Marcus Klein, of New York City, of counsel), for appellee.

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

PER CURIAM.

Bankruptcy was adjudicated December 30, 1933. Prior to enactment of the amendment to section 63, 48 Stat. 923, § 4 (a), the trustee rejected the lease and the landlord relet the premises at a lower rental. Thereafter, and within the time permitted for filing claims, a claim was filed for the deficiency. It was allowed in an amount limited as provided by section 63 (a) (7), as amended, 11 U.S.C.A. § 103 (a) (7). The lease contained no covenant...

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