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HAWKINSON v. JOHNSTON

Nos. 11939, 11943.

122 F.2d 724 (1941)

HAWKINSON v. JOHNSTON. JOHNSTON v. HAWKINSON.

Circuit Court of Appeals, Eighth Circuit.

Writ of Certiorari Denied December 15, 1941.

Rehearing Denied October 11, 1941.

Attorney(s) appearing for the Case

Maurice J. O'Sullivan, of Kansas City, Mo. (J. Francis O'Sullivan and John M. P. Miller, both of Kansas City, Mo., on the brief), for Axel Hawkinson.

Philip J. Close, of Kansas City, Mo. (Inghram D. Hook and Harry L. Thomas, both of Kansas City, Mo., on the brief), for George Gaston Johnston.

Before GARDNER and JOHNSEN, Circuit Judges, and COLLET, District Judge.

Writ of Certiorari Denied December 15, 1941. See 62 S.Ct. 365, 86 L.Ed. ___.

JOHNSEN, Circuit Judge.

Two principal questions are presented for determination: (1) Whether a repudiation of a lease and an abandonment of the premises, accompanied by a default in the payment of an instalment of rent, may constitute a total breach of the contract of lease, under the law of Missouri; and (2), if so, whether, for such a breach of a 99 year lease, having a remaining...

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