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CHICAGO TITLE & TRUST CO. v. FOX THEATRES CORP.

No. 387.

105 F.2d 147 (1939)

CHICAGO TITLE & TRUST CO. v. FOX THEATRES CORPORATION.

Circuit Court of Appeals, Second Circuit.

June 26, 1939.

Attorney(s) appearing for the Case

Robert Aronstein, of New York City, for appellants.

Herbert R. Berk and Basil O'Connor, both of New York City (Herbert R. Berk and Arnold T. Koch, both of New York City, of counsel), for appellees.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

PER CURIAM.

In this creditors' suit the district court appointed receivers for Fox Theatres Corporation, whose assets included a lease upon theatre property in Atlanta, Georgia. Upon disaffirmance of this lease by the receivers, the lessors, the present appellants, filed in the receivership proceedings their proof of claim, verified August 29, 1932, for rent of $12,333.33, which was overdue at the time of the disaffirmance, and for damages of more than $1,000,000...

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