McARTHUR v. ROSENBAUM CO. OF PITTSBURGH

No. 10070.

180 F.2d 617 (1950)

McARTHUR et al. v. ROSENBAUM CO. OF PITTSBURGH.

United States Court of Appeals, Third Circuit.

Filed March 7, 1950.


Attorney(s) appearing for the Case

Charles E. Kenworthey, Pittsburgh, Pa. (Joseph M. Hartfield, White & Case, New York City, Frederick E. Milligan, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellant.

Mahlon E. Lewis, Pittsburgh, Pa., for appellees.

Before GOODRICH and HASTIE, Circuit Judges and GRIM, District Judge.


GRIM, District Judge.

This appeal is from a judgment of the District Court for the Western District of Pennsylvania on a petition for a declaratory judgment. The plaintiffs are lessors in two leases of part of a 12 story department store known as Rosenbaum's in Pittsburgh. The leases were executed in 1912 and went into effect on April 1, 1915. By their terms they will expire on March 31, 1950, and the lessee, the defendant herein, at that time will lose its right...

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