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EMERY BIRD THAYER DRY GOODS CO. v. WILLIAMS

Nos. 10853, 10854.

98 F.2d 166 (1938)

EMERY BIRD THAYER DRY GOODS CO. et al. v. WILLIAMS et al. WILLIAMS et al. v. EMERY BIRD THAYER DRY GOODS CO. et al.

Circuit Court of Appeals, Eighth Circuit.

July 13, 1938.

Attorney(s) appearing for the Case

Armwell L. Cooper and Wallace Sutherland, both of Kansas City, Mo. (Ellison A. Neel, William E. Kemp, and Cooper, Neel, Kemp & Sutherland, all of Kansas City, Mo., and Frank E. Atwood, of Jefferson City, Mo., on the brief), for Emery Bird Thayer Dry Goods Co. et al.

Barton Corneau, of Boston, Mass. (Henry M. Channing, of Boston, Mass., Robert B. Caldwell, of Kansas City, Mo., Channing, Corneau & Frothingham, of Boston, Mass., and McCune, Caldwell & Downing, of Kansas City, Mo., on the brief), for Moses Williams et al.

Paul R. Stinson, of Kansas City, Mo., amicus curiæ.

Before GARDNER, WOODROUGH, and BOOTH, Circuit Judges.

GARDNER, Circuit Judge.

There are here presented an appeal and a cross-appeal from the decree construing the obligations of a lease with respect to rent, and refusing a forfeiture of the lease.

The Emery Bird Thayer Dry Goods Company and the Emery Bird Thayer Realty Company were plaintiffs below, while Moses Williams, William Minot, Edwin D. Brooks and William B. Baker, Trustees of Boston Ground Rent Trust, were defendants. The defendants are trustees of the...

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