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SHELL OIL CO. v. BLUMBERG

No. 11452.

154 F.2d 251 (1946)

SHELL OIL CO., Inc., v. BLUMBERG et al.

Circuit Court of Appeals, Fifth Circuit.

March 22, 1946.

Attorney(s) appearing for the Case

Forney Johnston, of Birmingham, Ala., and Philip M. Payne, of New York City, for appellant.

O. S. Lewis, of Dothan, Ala., Thos. B. Hill, Jr., of Montgomery, Ala., and C. R. Shannon, of Mobile, Ala., for appellees.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

This is an action (1) for a declaratory judgment construing a leasing agreement that included an option to purchase the realty leased, (2) for specific performance of the contract, and (3) to set aside a sale of the property leased. The questions raised on appeal require an interpretation of the following provisions in said lease contract:

"Lessee is hereby given an option to purchase the above...

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