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UNITED STATES AIR CONDITIONING CORPORATION v. FOGEL

Civ. A. No. 25866.

172 F.Supp. 539 (1959)

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

United States District Court E. D. Pennsylvania.

Opinion and Preliminary Injunction April 15, 1959.

Attorney(s) appearing for the Case

Harold E. Kohn, Philadelphia, Pa., for plaintiff.

Arlin M. Adams, Philadelphia, Pa., for Frank and Shirley Fogel.

Irwin Paul and Alfred M. Klein, Philadelphia, Pa., for Rhawn Realty, Inc., Harry Fogel and Beatrice Fogel.

VAN DUSEN, District Judge.

I. History of the Case

On January 27, 1959, a temporary restraining order was entered, restraining Rhawn Realty, Inc. (hereinafter called "Rhawn"), as landlord, from (a) claiming any acceleration of rent due under a lease dated January 6, 1956, for failure to pay the monthly rent and (b) confessing judgment under said lease on condition that the plaintiff, as lessee by assignment, make all payments when due under the mortgage,...

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