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SMI INDUSTRIES, INC. v. LANARD & AXILBUND, INC.

Civ. A. No. 79-830.

481 F.Supp. 459 (1979)

SMI INDUSTRIES, INC. v. LANARD & AXILBUND, INC.

United States District Court, E. D. Pennsylvania.

December 11, 1979.

Attorney(s) appearing for the Case

Paul R. Rosen, Edward M. Dunham, Jr., Philadelphia, Pa., for plaintiff.

Michael Minkin, Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

DITTER, District Judge.

Lanard & Axilbund, Inc. (L & A) and the corporate predecessor of SMI Industries, Inc. (SMI) entered into a commercial lease. The lease was later assigned to SMI which used the rented area as a clothing factory. SMI defaulted in its rent, and L & A distrained and confessed judgment under the lease. A sheriff's levy and writ of possession were issued, but no distress sale was held. Plaintiff then filed...

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