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EMERY BIRD THAYER DRY GOODS CO. v. WILLIAMS

Nos. 10853, 10854.

107 F.2d 965 (1939)

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.

November 6, 1939.

Attorney(s) appearing for the Case

William D. Whitney, of New York City, and Armwell L. Cooper, of Kansas City, Mo. (Frederick H. Wood, of New York City, Ellison A. Neel, William E. Kemp, and Wallace Sutherland, all of Kansas City, Mo., Harold F. McGuire, of Washington, D. C., Frank E. Atwood, of Jefferson City, Mo., Cravath, deGersdorff, Swaine & Wood, of New York City, and Cooper, Neel, Kemp & Sutherland, of Kansas City, Mo., on the brief), for appellants and appellees Emery Bird Thayer Dry Goods Co. and others.

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 appellees and appellants Moses Williams.

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

Before STONE, SANBORN, and THOMAS, Circuit Judges.

STONE, Circuit Judge.

This case involves the applicability of the "Gold Clause" Joint Resolution of June 5, 1933, 48 Stat. 112, 113, U.S.C.A. title 31, Section 463, to a ninety-nine year lease of real estate executed in 1890. The case is here on cross-appeals. Plaintiffs-appellants are the assignee of the lease and the sub-lessee from the assignee. Defendants are the lessors. An earlier determination of these appeals (8 Cir., 98 F.2d 166...

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