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J. J. NEWBERRY CO. v. MARSHALL

Nos. 8837, 8838.

125 F.2d 973 (1942)

J. J. NEWBERRY CO. v. MARSHALL et al. (two cases).

Circuit Court of Appeals, Sixth Circuit.

February 4, 1942.

Attorney(s) appearing for the Case

S. N. Galvin, of Cleveland, Ohio (Galvin & Galvin, and Elmer J. Babin, all of Cleveland, Ohio, on the brief), for appellant.

Joseph F. Smith, of Cleveland, Ohio (Maurer & Bolton and Joseph F. Smith, all of Cleveland, Ohio, on the brief), for appellees.

Before SIMONS, ALLEN, and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

The principal question presented by these consolidated appeals is whether a lease written on separate sheets of paper, fastened together by staples in a manuscript cover and bearing an acknowledgment on a sheet separate from those upon which the instrument is written, complies with the requirements of Section 8510, General Code of Ohio.

Appellant in its petition sought a declaratory judgment declaring that the lease created a tenancy...

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