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J. & R. REALTY, INC. v. UNITED STATES

Civ. A. No. 75-4.

418 F.Supp. 391 (1976)

J. & R. REALTY CO., INC. v. The UNITED STATES of America.

United States District Court, E. D. Pennsylvania.

June 30, 1976.

Attorney(s) appearing for the Case

Ronald H. Isenberg, Philadelphia, Pa., for plaintiff.

Robert S. Forster, Jr., Asst. U. S. Atty., Philadelphia, Pa., for defendant.

OPINION

DITTER, District Judge.

This case involves the duty imposed by a lease which makes the owner responsible to keep the premises in "good repair and tenantable condition" and permits the withholding of rent if they become "unfit" for their intended use. The lessee in question is the United States which has used the property as a post office for 19 years. When the owner refused to paint the building, the Postal Service had the work done

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