ROCHELLE v. McLENDON

No. 14609.

208 F.2d 442 (1953)

ROCHELLE v. McLENDON.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 4, 1954.


Attorney(s) appearing for the Case

John Plath Green, Philip I. Palmer, Dallas, Tex., for appellant.

Hawkins Golden, Leake, Henry, Golden & Burrow, Dallas, Tex., for appellee.

Before HOLMES, RUSSELL, and RIVES, Circuit Judges.


HOLMES, Circuit Judge.

This is an appeal by the trustee in bankruptcy from an order of the district court, which allowed, as a secured claim, the amount of damages accruing to the landlord for the remainder of the current contract year by reason of the rejection of the lease by the trustee and the surrender of the premises to the landlord more than a month after the tenant had ceased to occupy the premises. All accrued rent was paid in full, not only to the date of...

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