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HIGBEE CO. v. CLEVELAND TERMINALS BLDG. CO.

Nos. 8242, 8243.

106 F.2d 796 (1939)

HIGBEE CO. v. CLEVELAND TERMINALS BLDG. CO. CLEVELAND TERMINALS BLDG. CO. v. HIGBEE CO.

Circuit Court of Appeals, Sixth Circuit.

September 18, 1939.

Attorney(s) appearing for the Case

Gardner Abbott, of Cleveland, Ohio (Gardner Abbott, Frank E. Joseph, and Jones, Day, Cockley & Reavis, all of Cleveland, Ohio, on the brief), for Higbee Co.

I. Walter Sharp, J. Hall Kellogg, and Hauxhurst, Inglis, Sharp & Cull, all of Cleveland, Ohio, for Cleveland Terminals Bldg. Co.

Bushnell, Burgess, Fulton & Chandler and R. F. Fullmer, all of Cleveland, Ohio, for Metropolitan Life Ins. Co. and Cleveland Trust Co., trustee.

Baker, Hostetler & Patterson, E. S. Lindemann, and Oliver Stamper, all of Cleveland, Ohio, Thomas J. Herbert, Atty. Gen., and A. O. Husband and Charles F. Carr, both of Cleveland, Ohio, for J. P. Morgan & Co., Cleveland Trust Co., Midland Bank, Union Bank of Commerce Co., and S. H. Squire.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

ALLEN, Circuit Judge.

These appeals arise out of a controversy in a 77B proceeding between the Higbee Company, debtor, and the Cleveland Terminals Building Company, creditor, over the validity and construction of a certain refunding and rental agreement, hereafter described. The Higbee Company, hereinafter called lessee, which operates a department store in the city of Cleveland, Ohio, leased certain premises on the Public Square in Cleveland from the Building Company...

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