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GATEWAY COMPANY, INC. v. CHARLOTTE THEATRES, INC.

No. 5833.

297 F.2d 483 (1961)

GATEWAY COMPANY, INC., Defendant and Third Party Plaintiff, Appellant, v. CHARLOTTE THEATRES, INC. et al., Appellees.

United States Court of Appeals First Circuit.

December 8, 1961.

Attorney(s) appearing for the Case

Jerome Medalie, Boston, Mass., Cohn, Riemer & Pollack, Boston, Mass., on the brief, for appellant.

Harold R. Matroni, Springfield, Mass., Nicholas Zeo, Jr., and Theodore E. Dimaurio, Springfield, Mass., on the brief, for Charlotte Theatres, Inc., appellee.

S. Thomas Martinelli, Springfield, Mass., on the brief for Valley Electric & Heating Service, Inc., appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

In the fall of 1958 plaintiff-appellee Charlotte leased from the defendant-appellant Gateway, for a period of ten years, a moving picture theatre in Westfield, Massachusetts. The lease provided that Gateway would install air conditioning, at its expense, by May 1, 1959. On April 23 Charlotte reminded Gateway of its obligation. From then until June 4 Gateway misrepresented to Charlotte what it had been and was doing, which in actual fact was...

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