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WHITE CASTLE SYSTEM, INC. v. BLOHM

No. 82, Docket 86-7386.

807 F.2d 313 (1986)

WHITE CASTLE SYSTEM, INC., Appellant, v. Margaret C. BLOHM, individually and as Executor of the will of John Blohm, Albert J. Schick, as Executor of the will of John Blohm, Walter A. Beers, and Constantine Spiropoulos, Appellees.

United States Court of Appeals, Second Circuit.

Decided December 16, 1986.

Attorney(s) appearing for the Case

Raymond T. Munsell, Windels, Marx, Davies & Ives, New York City, for appellant.

Jerome Karp, Brooklyn, N.Y., for appellees Blohm, Schick, and Beers.

Gregory D. Frost, Bower & Gardner, New York City, for appellee Spiropoulos.

Before LUMBARD, OAKES, and KEARSE, Circuit Judges.

OAKES, Circuit Judge:

This diversity case presents the question whether under New York law a right of first refusal to purchase contained in a lease agreement survives the termination of the lease where an agreement is made that the lessee will hold over from month to month. Following a two-day nonjury trial before the United States District Court for the Eastern District of New York, Jack B. Weinstein, Chief Judge, the court held that the intent of the parties was...

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