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FOX REALTY CO. v. MONTGOMERY WARD & CO.

No. 7702.

124 F.2d 710 (1941)

FOX REALTY CO. v. MONTGOMERY WARD & CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 3, 1942.

Attorney(s) appearing for the Case

John A. Barr, Stuart S. Ball, Fred T. Barrett, and Francis H. Monek, all of Chicago, Ill. (Ora L. Wildermuth, of Gary, Ind., of counsel), for appellant.

Guy Colerick, Frank E. Corbett, and James P. Murphy, all of Ft. Wayne, Ind. (Louis F. Niezer, of Fort Wayne, Ind., of counsel), for appellee.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Defendant appeals from a judgment declaring a lease between plaintiff as lessor and defendant as lessee in full force and effect. The facts are without substantial dispute; the controversy between the parties has to do largely with the legal effect of certain definite events, plaintiff contending that the lease remains in full force and effect and defendant that it has been rightfully cancelled because of default of the lessor.

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