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GENERAL TIRE & RUBBER CO. v. NORTHERN TRUST CO.

Nos. 9437, 9438.

168 F.2d 595 (1948)

GENERAL TIRE & RUBBER CO. v. NORTHERN TRUST CO. (two cases).

Circuit Court of Appeals, Seventh Circuit.

June 1, 1948.

Attorney(s) appearing for the Case

Edward R. Adams, Robert W. Wales and William Simon, all of Chicago, Ill. (Miller, Gorham, Wescott & Adams, of Chicago, Ill., of counsel), for General Tire & Rubber Co.

Frederic A. Fischel and Max H. Weinberg, both of Chicago, Ill. (T. George Gilinsky, of Chicago, Ill., of counsel), for Northern Trust Co.

Before SPARKS, MAJOR and KERNER, Circuit Judges.

MAJOR, Circuit Judge.

This is an appeal from a declaratory judgment in an action brought pursuant to Sec. 274d of the Judicial Code, 28 U.S. C.A. § 400, declaring the rights and liabilities of the plaintiff and defendant under a "new building" provision of a 198 year lease entered into by plaintiff's assignor as lessee and defendant's assignor as lessor on June 1, 1912. The lease is concerned with real estate on the near south side of Chicago, Illinois, and provides...

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