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CITY OF PHILADELPHIA v. STRAUB

No. 7018.

106 F.2d 172 (1939)

CITY OF PHILADELPHIA v. STRAUB. In re HARLEIGH-BROOKWOOD COAL CO.'S ESTATE.

Circuit Court of Appeals, Third Circuit.

August 9, 1939.

Attorney(s) appearing for the Case

John J. Gain and Thomas C. Egan, both of Philadelphia, Pa., for appellant.

Alexander N. Rubin and Hirschwald, Goff & Rubin, all of Philadelphia, Pa., and G. Harold Watkins, of Frackville, Pa., for appellee.

Before BIGGS, MARIS, and BIDDLE, Circuit Judges.

BIDDLE, Circuit Judge.

This appeal involves the construction of a mining lease to determine whether the lessor or the lessee's trustee in bankruptcy is entitled to the equipment, machinery and supplies placed on the mine by the tenant and used in its operation. The referee in bankruptcy found for the trustee, and the lower court sustained the Referee. The lessor appealed.

Nearly a month after the adjudication in bankruptcy the lessor served a notice of forfeiture...

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