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OLDDEN v. TONTO REALTY CORPORATION

No. 282.

143 F.2d 916 (1944)

OLDDEN et al. v. TONTO REALTY CORPORATION.

Circuit Court of Appeals, Second Circuit.

May 17, 1944.

Attorney(s) appearing for the Case

Julius M. Arnstein, of New York City (Dannenberg & Hazen, of New York City, on the brief), for appellant.

Sidney C. Norris, of New York City (Louis Timberg, of Brooklyn, N. Y., on the brief), for appellee.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

When the bankrupt, B. Westermann Company, Inc., filed its bankruptcy petition on March 5, 1942, the Tonto Realty Corporation, although itself only a lessee from the owner of the fee, was landlord of certain space on premises 18-20 West 48th Street, New York City, under a lease with the bankrupt expiring January 31, 1948. By the time of the bankruptcy the rental had become, by adjustment, $22,769.95 per year and there was owing the sum of $4,904...

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