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ALLOYD GENERAL CORP. v. BUILDING LEASING CORP.

No. 6672.

361 F.2d 359 (1966)

ALLOYD GENERAL CORPORATION et al., Plaintiffs, Appellants, v. BUILDING LEASING CORPORATION, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided May 26, 1966.

Attorney(s) appearing for the Case

Frederick G. Fisher, Jr., and Harold Hestnes, Boston, Mass., with whom Ernest Winsor, Standish Bradford, Jr., and Hale & Dorr, Boston, Mass., were on brief, for Leonard M. Salter and others, trustees, appellants.

Alan L. Lefkowitz, Boston, Mass., with whom Ely, Bartlett, Brown & Proctor, Boston, Mass., was on brief, for Alloyd General Corporation, appellant.

Robert F. McCormick, Boston, Mass., with whom Bernard D. Craig, Kansas City, Mo., Tyler & Reynolds, Boston, Mass., and Levy & Craig, Kansas City, Mo., were on brief, for appellee.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

In October 1959 the defendant, Building Leasing Corporation (Building Leasing) demised and leased to the plaintiff, Alloyd General Corporation (Alloyd)1 a certain two story business building in Cambridge, Massachusetts.2 The lease contained a condition that "if any assignment shall be made of the Lessee's property for the benefit of creditors...

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