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CONSOLIDATED SUN RAY, INC. v. OPPENSTEIN

Nos. 17437, 17536.

335 F.2d 801 (1964)

CONSOLIDATED SUN RAY, INC., Appellant, v. Michael OPPENSTEIN, Appellee. CONSOLIDATED SUN RAY, INC., and Berkson Brothers, Inc., Appellants, v. Michael OPPENSTEIN, Appellee.

United States Court of Appeals Eighth Circuit.

August 17, 1964.

Attorney(s) appearing for the Case

Richmond C. Coburn, of Coburn, Croft & Kohn, St. Louis, Mo., made argument for Consolidated Sun Ray, Inc., and filed brief with Alan C. Kohn, of Coburn, Croft & Kohn, St. Louis, Mo., F. Philip Kirwan and Charles W. Medley, of Margolin & Kirwan, Kansas City, Mo., and Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa.

David Skeer, of Sheffrey, Ryder & Skeer, Kansas City, Mo., made argument for appellee and filed brief.

Before VOGEL, MATTHES and BLACKMUN, Circuit Judges.

VOGEL, Circuit Judge.

This suit, originally commenced in the Circuit Court of Jackson County, Missouri, at Kansas City, sought a declaratory judgment by Michael Oppenstein against appellant Consolidated Sun Ray, Inc., (Consolidated) and Berkson Brothers, Inc., (Berkson), with respect to a lease entered into on December 4, 1939, by Oppenstein and his since deceased brothers as Lessors and Berkson as Lessee. Oppenstein asked judgment declaring Consolidated liable under...

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