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IN RE SOUND

No. 9622.

171 F.2d 253 (1948)

In re SOUND, Inc. ATWELL BLDG. CORPORATION v. SOUND, Inc.

United States Court of Appeals Seventh Circuit.

December 22, 1948.

Attorney(s) appearing for the Case

W. L. McKay and Vincent O'Brien, both of Chicago, Ill., for appellant.

Preston Boyden, Wm. M. Doty and John A. Bussian, all of Chicago, Ill., for appellee.

Before KERNER and MINTON, Circuit Judges, and LINDLEY, District Judge.

MINTON, Circuit Judge.

The appellant leased part of a building to Sound, Inc., for a term of years to expire in 1950. The lease contained the following pertinent provision:

"Third: — That in order more effectually to secure to the lessor the payment of rent and the performance of all other covenants herein contained, it is agreed as an additional condition of this lease that the filing of any petition in bankruptcy...

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