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TEN-SIX OLIVE v. CURBY

No. 14773.

208 F.2d 117 (1953)

TEN-SIX OLIVE, Inc. v. CURBY.

United States Court of Appeals Eighth Circuit.

November 2, 1953.

Attorney(s) appearing for the Case

James D. Dockery, St. Louis, Mo. (Max Sigoloff, St. Louis, Mo., was with him on the brief), for appellant.

Harold J. Abrams, St. Louis, Mo., for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and COLLET, Circuit Judges.

WOODROUGH, Circuit Judge.

This appeal is taken from an order of the bankruptcy court confirming and approving an order of the referee in bankruptcy which disallowed a claim for damages for anticipatory breach of a lease filed by the landlord of the bankrupt under Sec. 63, sub. a(9) of the Bankruptcy Act, 11 U.S.C.A. § 103, sub. a(9).

Count I of the amended proof of unsecured claim prayed for damages in an amount equal to one year's rental of the demised...

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