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IN RE BENSON, INC.

No. 35715-C.

33 F.Supp. 967 (1940)

In re BENSON, Inc.

District Court, S. D. California, Central Division.

July 5, 1940.

Attorney(s) appearing for the Case

Livingston & Livingston and Lawrence Livingston, all of San Francisco, Cal., and Stanley Arndt, of Los Angeles, Cal., for Urban Properties Corporation.

Seymour Gold and Francis F. Quittner, both of Los Angeles, Cal., for debtor.

Samuel A. Miller and Bertram Ross, both of Los Angeles, Cal., for creditors' committee.

COSGRAVE, District Judge.

The lease is forfeitable when, in any judicial proceeding, "a receiver or other officer or agent be appointed to take charge of the demised premises or the business conducted therein." No receiver has in fact been appointed. On the contrary, the business is being operated by the debtor itself, subject, it is true, to control of the Court. On the filing of a petition under Chapter XI, 11 U.S.C.A. § 701 et seq., the Court has no authority...

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