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FOODTOWN OF OYSTER BAY, INC. v. DILBERT'S LEASING & DEV. CORP.

No. 510, Docket 28952.

334 F.2d 768 (1964)

FOODTOWN OF OYSTER BAY, INC., Appellant, v. DILBERT'S LEASING AND DEVELOPMENT CORPORATION, Debtor-Appellee.

United States Court of Appeals Second Circuit.

Decided July 20, 1964.

Attorney(s) appearing for the Case

Lawrence G. Nusbaum, Jr., New York City, for appellant.

Daniel A. Shirk, New York City (Joseph Jaspan, Brooklyn, N. Y., on the brief), for debtor-appellee.

Before FRIENDLY, SMITH and MARSHALL, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Foodtown of Oyster Bay, Inc., the lessee of store premises at 111 South Street, Oyster Bay, New York, appeals from an order of the United States District Court for the Eastern District of New York, Matthew T. Abruzzo, District Judge, awarding possession of the leased premises and a judgment of $1,261.12 for unpaid rent to the debtor-lessor, Dilbert's Leasing and Development Corporation, which...

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