IN RE WIL-LOW CAFETERIAS

No. 215.

95 F.2d 306 (1938)

In re WIL-LOW CAFETERIAS, Inc. 650 MADISON AVENUE CORPORATION v. WIL-LOW CAFETERIAS, Inc., et al.

Circuit Court of Appeals, Second Circuit.

March 7, 1938.


Attorney(s) appearing for the Case

Mitchell, Taylor, Capron & Marsh, of New York City (Rollin Browne and Henry L. Glenn, both of New York City, of counsel), for appellant.

Chadbourne, Hunt, Jaeckel & Brown and Louis Shapiro, all of New York City (William M. Chadbourne, Louis Shapiro, John Holbrook, and Joseph G. Gubman, all of New York City, of counsel), for debtor-appellee.

Rabenold, Schribner & Miller, of New York City, and Duberstein & Schwartz, of Brooklyn, N. Y. (Samuel Miller, of New York City, and Samuel C. Duberstein, of Brooklyn, N. Y., of counsel), for appellee unsecured creditors' committee.

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


MANTON, Circuit Judge.

The order appealed from denied the appellant's motion, in this debtor's reorganization proceedings under section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207, for the surrender and possession of premises leased to the debtor under two written leases. Article 14 of each lease provides: "* * * this lease is made upon the express condition, that the lessor shall * * * have the right and option to terminate the term hereunder and to cancel...

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