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GARDNER v. DARLING STORES CORPORATION

No. 69, Docket 24084.

242 F.2d 3 (1957)

Margaret GARDNER and D. H. Gardner, Plaintiffs-Appellees, v. DARLING STORES CORPORATION, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 26, 1957.

Attorney(s) appearing for the Case

Dammann, Roche & Goldberg, New York City, and Slabaugh, Walker, Pfluger, Roderick & Myers, Akron, Ohio (Allen Blank, New York City, of counsel), for plaintiffs-appellees.

Eugene Frederick Roth, New York City (Bruno Schachner, Stanley M. Dorman and John L. Burling, New York City, of counsel, on the brief), for defendant-appellant.

Before CLARK, Chief Judge, FRANK and LUMBARD, Circuit Judges.

LUMBARD, Circuit Judge.

This is an action for the breach of several terms of a lease. The court directed a verdict on two of the issues and the jury found for the plaintiff on the third. We affirm.

On March 1, 1946, plaintiff, Margaret Gardner, a citizen of Ohio and defendant, Darling Stores Corporation, incorporated in New Jersey, entered into a 99 year lease, by which Mrs. Gardner leased property on South Main Street in Akron, Ohio to Darling Stores. Darling...

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