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IN RE HOBOKEN MANUFACTURERS R. CO.

No. 8812.

150 F.2d 921 (1945)

In re HOBOKEN MANUFACTURERS R. CO. SMITH et al. v. HOBOKEN R. R. WAREHOUSE & STEAMSHIP CONNECTING CO. et al.

Circuit Court of Appeals, Third Circuit.

Decided July 17, 1945.

Writ of Certiorari Granted October 22, 1945.

Attorney(s) appearing for the Case

Charles B. Collins, of Jersey City, N. J. (James D. Carpenter, Jr., Collins & Corbin, and Charles W. Broadhurst, all of Jersey City, N. J., on the brief), for appellants.

Edward J. O'Mara, of Jersey City, N. J. (Wall, Haight, Carey & Hartpence, of Jersey City, N. J., and John J. Hickey, of Washington, D. C., on the brief), for appellees.

Before BIGGS, MARIS and GOODRICH, Circuit Judges.

Writ of Certiorari Granted October 22, 1945. See 66 S.Ct. 99.

BIGGS, Circuit Judge.

The substantial question presented by the appeal at bar is a narrow one: Is the landlord-lessor, one of the appellees herein, entitled to terminate a ninety-nine year lease made in 1906 to the debtor-lessee of a railroad right-of-way and its subservient properties and resume occupancy, because of a breach of terms of the lease? Two "tie-in" leases by their terms must stand...

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