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UNITED STATES AIR CONDITIONING CORPORATION v. FOGEL

No. 12957.

272 F.2d 879 (1959)

UNITED STATES AIR CONDITIONING CORPORATION v. Frank FOGEL, Shirley Fogel, Rhawn Realty, Inc., Harry Fogel and Beatrice Fogel.

United States Court of Appeals Third Circuit.

Decided December 15, 1959.

Attorney(s) appearing for the Case

Irwin Paul, Phildelphia, Pa. (Alfred M. Klein, Philadelphia, Pa., on the brief), for appellants Harry and Beatrice Fogel, and Rhawn Realty, Inc.

Harold E. Kohn, Philadelphia, Pa. (William T. Coleman, Jr., Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., on the brief), for appellee.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

PER CURIAM.

This is an appeal from an order granting a preliminary injunction. The injunction merely restrains the defendants pendente lite from accelerating rent under the terms of a lease in a situation where plaintiff has refused to pay current installments of rent, alleging that it is entitled to apply and set off this current rent against an amount the defendants are said to owe the plaintiff in connection with the transactions...

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