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HIPPODROME BLDG. CO. v. IRVING TRUST CO.

No. 428.

91 F.2d 753 (1937)

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

Circuit Court of Appeals, Second Circuit.

July 6, 1937.

Attorney(s) appearing for the Case

Morley, Stickle & Kelley, of Cleveland, Ohio, and Dick & Burroughs, of New York City (John E. Morley, of Cleveland, Ohio, and Alexander C. Dick and Herbert Allan Jacob, both of New York City, of counsel), for appellant.

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

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

L. HAND, Circuit Judge.

This is an appeal from an order in reorganization under section 77B, Bankr.Act (11 U.S.C.A. § 207), liquidating the claim of a lessor upon the guaranty by the debtor of a lease. The facts are as follows: The claimant, the Hippodrome Building Company of Cleveland, let a theatre in that city to a subsidiary of the debtor, the Cleveland Hippodrome Theatre Company, for seventeen years at a rental of $150,000. per annum. The debtor guaranteed...

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