GERAGHTY v. KIAMIE FIFTH AVENUE CORP.

No. 78, Docket 22818.

210 F.2d 95 (1954)

GERAGHTY v. KIAMIE FIFTH AVENUE CORP.

United States Court of Appeals Second Circuit.

Decided February 2, 1954.


Attorney(s) appearing for the Case

Charles Gottlieb, New York City, for respondent-appellant.

Irving Parker, New York City (Simpson, Thacher & Bartlett, New York City, Edward R. Farley, Jr., Brighton, N. Y., and Walter A. Lubanko, New York City, on the brief), for petitioner-appellee.

Before CLARK, FRANK, and HINCKS, Circuit Judges.


CLARK, Circuit Judge.

This appeal challenges the validity of a restraining order, issued by a referee in bankruptcy in reorganization proceedings of Huyler's, whereby appellant as landlord was prevented from terminating its lease to Huyler's for breach of condition.

On April 3, 1951, Huyler's filed a petition in the district court praying for an arrangement pursuant to Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. On the same day a referee...

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