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SPEARE v. CONSOLIDATED ASSETS CORPORATION

No. 237, Docket 30171.

360 F.2d 882 (1966)

In the Matter of Adele Speare and George Speare, individually and as co-partners doing business as The Agora Prime Rib Restaurant and the co-partnership of The Agora Prime Rib Restaurant. Adele SPEARE and George Speare, Debtors in Possession, Appellants, CONSOLIDATED ASSETS CORPORATION, Landlord-Appellee.

United States Court of Appeals Second Circuit.

Decided May 5, 1966.

Attorney(s) appearing for the Case

Arthur E. Dienst, New York City, for debtors in possession, appellants.

Sydney Basil Levy, New York City (Aranow, Brodsky, Bohlinger, Einhorn & Dann, New York City), for landlord-appellee.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge:

In February 1961 Adele and George Speare, as partners, filed a petition in the District Court for the Southern District of New York for an arrangement under Chapter XI of the Bankruptcy Act; they were authorized to act as debtors in possession. The Speares had operated The Agora Prime Rib Restaurant on West 33rd Street, New York City, in premises leased from Consolidated Assets Corporation for a twenty-one year term. The lease, on a printed...

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