GAWZNER v. LEBENBAUM

No. 12299.

180 F.2d 610 (1950)

GAWZNER et al. v. LEBENBAUM. LEBENBAUM v. GAWZNER et al.

United States Court of Appeals Ninth Circuit.

March 8, 1950.


Attorney(s) appearing for the Case

Hill, Morgan & Farrer, Stanley S. Burrill, Los Angeles, Calif., for Gawzner, et al.

Irl D. Brett, Department of Justice, Los Angeles, Calif., Paul R. Cote, Beverly Hills, Calif., for Lebenbaum.

Before HEALY and POPE, Circuit Judges, GOODMAN, District Judge.


GOODMAN, District Judge.

The United States condemned the use and occupancy, for a term of 22 2/3 months commencing July 10, 1944, of 21 acres of land in Santa Barbara, California, all owned by lessor Gawzner, upon a portion of which was a hotel and other buildings under lease to lessee, Lebenbaum, who was operating the hotel on the leased premises at the time of the condemnation.1 Lebenbaum's five year lease still had over two years to...

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