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IN RE WISE SHOE CO.

26 F.Supp. 762 (1938)

In re WISE SHOE CO., Inc.

District Court, S. D. New York.

December 22, 1938.

Attorney(s) appearing for the Case

Wise, Shepard, Houghton & Lebett, of New York City (Arthur Peter and Arthur C. Keefer, both of Washington, D. C., of counsel), for applicants.

Bondy & Schloss, of New York City (David W. Kahn, of New York City, of counsel), for debtor.

PATTERSON, District Judge.

The application is by the executors and trustees under the will of Olivia D. Becker, deceased, for an order directing the debtor to surrender possession of premises in Washington, D. C. The questions are whether the applicants had the right to terminate a lease because of the debtor's insolvency, and whether there was a waiver of any such right.

The debtor operated a chain of retail stores, one of the stores being located in Washington...

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