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INTERSTATE LIFE & ACCIDENT INS. CO. v. RKO TELERADIO PICTURES

No. 15004.

318 F.2d 73 (1963)

INTERSTATE LIFE & ACCIDENT INSURANCE COMPANY, Plaintiff-Appellee, v. RKO TELERADIO PICTURES, INC., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

June 11, 1963.

Attorney(s) appearing for the Case

Walter P. Armstrong, Jr., and Richard H. Allen, Memphis, Tenn. (Armstrong, McCadden, Allen, Braden & Goodman, Memphis, Tenn., of counsel), for appellant.

Thomas R. Price, Memphis, Tenn. (George W. Evans, Chattanooga, Tenn., on the brief, Canada, Russell & Turner, Memphis, Tenn., of counsel), for appellee.

Before WEICK and O'SULLIVAN, Circuit Judges, and DARR, Senior District Judge.

WEICK, Circuit Judge.

The pivotal question in this appeal is the amount of damages to be awarded for partial breach of a lease of real property to a television station which lease contained a provision for the payment of rent in station identification announcements.

Interstate entered into a lease agreement with Harding College whereby it agreed to acquire land and construct a new building thereon in Memphis, Tennessee to house Harding's television station...

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