M. H. SHERMAN COMPANY v. UNITED STATES

No. 15892.

258 F.2d 881 (1958)

M. H. SHERMAN COMPANY, a corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 25, 1958.


Attorney(s) appearing for the Case

Gust, Rosenfeld, Divelbess & Robinette, Frank E. Flynn, Phoenix, Ariz., for appellant.

Jack D. H. Hays, U. S. Atty., William A. Holohan, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before HEALY, HAMLEY, and HAMLIN, Circuit Judges.


HEALY, Circuit Judge.

Appellant was and is the owner of a tract of land in Arizona, a portion of which it leased to the respondent in May of 1943. The lease remained in effect until October of 1952. The instrument as originally proposed by the government was on a form provided by it, which form as printed contained a provision to the effect that the lessee "if required by the lessor, shall * * * restore the premises to the same conditions as that existing at the time...

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