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IN RE CROSBY STORES

No. 394.

65 F.2d 360 (1933)

In re CROSBY STORES, Inc. COHEN v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

May 8, 1933.

Attorney(s) appearing for the Case

Blumberg & Parker, of New York City (Samuel M. Chapin, of counsel, and Lucien Hilmer, both of New York City, on the brief), for appellant.

Arthur Leonard Ross, of New York City, for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The issue presented by this appeal concerns only the validity of the trustee's counterclaim against the appellant. If that be valid, the order appealed from is correct; if it be invalid, then it is conceded that the trustee should pay Cohen $14,624.30. The bankrupt occupied several stores under leases upon which rent was overdue at the date of the filing of the petition in bankruptcy. Claims for such rent have been allowed in the aggregate sum...

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