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TEXAS & P. RY. CO. v. MENGEL CO.

No. 560.

62 F.Supp. 752 (1945)

TEXAS & P. RY. CO. v. MENGEL CO.

District Court, E. D. Louisiana, New Orleans Division.

October 17, 1945.

Attorney(s) appearing for the Case

Phelps, Dunbar, Marks & Claverie, of New Orleans, La., for plaintiff.

Curtis, Hall & Foster, of New Orleans, La., and Charles G. Middleton, of Louisville, Ky., for defendant.

BORAH, District Judge.

Declaring upon a written contract of lease dated November 26, 1929, The Texas & Pacific Railway Company brought this action against the Mengel Company to recover rent in the sum of $42,822.58 for the period August 15, 1941, through March 10, 1945. The Mengel Company has answered and as a defense alleges that it canceled the lease on August 31, 1941, as it had a right to do, and that it paid all rent due up to and including August 15, 1941...

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