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IN RE SCHULTE RETAIL STORES CORPORATION

No. 378.

105 F.2d 986 (1939)

In re SCHULTE RETAIL STORES CORPORATION.

Circuit Court of Appeals, Second Circuit.

July 17, 1939.

Attorney(s) appearing for the Case

Jerome Eisner and Ernst, Gale, Bernays & Falk, all of New York City (Henry I. Fillman, of New York City, of counsel), for debtor-appellee-appellant.

Thomas Burns Drum and Roy M. Livingstone, both of Philadelphia, Pa., and Gustave A. Rogers, of New York City (Ballard, Spahr, Andrews & Ingersoll, of Philadelphia, Pa., of counsel), for claimant-appellant-appellee.

Before SWAN, CHASE, and PATTERSON, Circuit Judges.

CHASE, Circuit Judge.

The debtor, Schulte Retail Stores Corporation, and its subsidiary, D. A. Schulte, Inc., both filed separate petitions for reorganization in the District Court for the Southern District of New York on June 3, 1936. They were, by orders duly made, both continued in possession of their assets. Among those of the subsidiary debtor was a lease of a portion of the Ritz-Carlton Hotel in Philadelphia, Pa., for a term of twenty years from July 17, 1928...

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