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URBAN PROPERTIES CORPORATION v. BENSON

No. 9608.

116 F.2d 321 (1940)

URBAN PROPERTIES CORPORATION v. BENSON, Inc.

Circuit Court of Appeals, Ninth Circuit.

December 13, 1940.

Attorney(s) appearing for the Case

Lawrence Livingston, of San Francisco, Cal., and Stanley M. Arndt, and Livingston, Livingston & Arndt, all of Los Angeles, Cal. (Allen H. Barr, of San Francisco, Cal., of counsel), for appellant.

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

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from an order of the district court denying the corporate appellant's (hereinafter called lessor) petition to have declared cancelled a lease between it and appellee (hereinafter called lessee, now a corporate debtor unable to pay its maturing debts and seeking relief under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq.), and for restoration of possession to lessor.

The lease in question, dated April...

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