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WALL ASSOCIATES v. SCHILLING

No. 218, Docket 25383.

266 F.2d 548 (1959)

120 WALL ASSOCIATES, Petitioner, Appellant-Appellee, v. Edward SCHILLING, Trustee, Appellee-Appellant.

United States Court of Appeals Second Circuit.

Decided May 14, 1959.

Attorney(s) appearing for the Case

Goodman & Mabel, New York City, for petitioner, appellant-appellee, Michael M. Kirsch, New York City, of counsel.

Bergerman & Hourwich, New York City, for trustee, appellee-appellant, Milton M. Bergerman and William Baronoff, New York City, of counsel.

Before CLARK, Chief Judge, and SWAN and MOORE, Circuit Judges.

SWAN, Circuit Judge.

This litigation involves disputes arising in a bankruptcy reorganization as to the amounts payable by the trustee for use and occupancy of part of the space leased by the petitioner to the debtor in an office building. The leased premises were the whole of the 27th floor and part of the 2nd floor. The term ran from January 1, 1956 to April 30, 1960 and rent was payable in advance in monthly instalments. On May 13, 1958 the lessee, then in arrears...

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