IN RE UNITED CIGAR STORES CO. OF AMERICA

No. 208.

89 F.2d 3 (1937)

In re UNITED CIGAR STORES CO. OF AMERICA.

Circuit Court of Appeals, Second Circuit.

April 5, 1937.


Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft, of New York City, and James B. Benedict, of Cincinnati, Ohio (Walbridge S. Taft, of New York City, James B. Benedict, of Cincinnati, Ohio, and Jacquelin A. Swords and Whitman Knapp, both of New York City, of counsel), for appellant.

Cravath, deGersdorff, Swaine & Wood, of New York City (Donald C. Swatland, R. L. Gilpatric, and B. R. Shute, all of New York City, of counsel), for appellees.

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


SWAN, Circuit Judge.

The appellant filed proof of claim in the reorganization proceedings of United Cigar Store Company of America claiming damages resulting from rejection of his lease by United's trustee in bankruptcy in proceedings antedating the reorganization proceedings. The claim was disallowed on the ground that United was never a tenant of the appellant.

In 1921 the appellant's predecessor in interest leased premises in Cincinnati, Ohio, to Boebinger...

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