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SOLOMON v. NEISNER BROTHERS

No. 10355.

187 F.2d 735 (1951)

Abraham SOLOMON, Appellant, v. NEISNER BROTHERS, Inc.

United States Court of Appeals Third Circuit.

Decided March 27, 1951.

Rehearing Denied May 8, 1951.

Attorney(s) appearing for the Case

Herbert L. Winkler, Wilkes-Barre, Pa. (Herman J. Goldberg, Wilkes-Barre, Pa., on the brief), for appellant.

Benjamin R. Jones, Wilkes-Barre, Pa. (Bedford, Waller, Jones & Darling, Wilkes-Barre, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

PER CURIAM.

This was a suit by a tenant for alleged breach of contract on the part of the landlord to rebuild leased premises for the tenant following their destruction by accidental fire. The Trial Judge granted the motion to dismiss on the ground of failure to state a claim upon which relief may be granted. M.D.Pa. 1950, 93 F.Supp. 310. The point involved is one of the liability of a Pennsylvania landlord to rebuild Pennsylvania...

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