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CITY BANK CO. v. IRVING TRUST CO.

No. 260.

299 U.S. 433 (1937)

57 S.Ct. 292

81 L.Ed. 324

CITY BANK FARMERS TRUST CO., ASSIGNEE, v. IRVING TRUST CO., TRUSTEE IN BANKRUPTCY, ET AL.

Supreme Court of United States.

Decided January 4, 1937.

Attorney(s) appearing for the Case

Mr. Henry L. Glenn, with whom Mr. Rollin Browne was on the brief, for petitioner.

Mr. William D. Whitney, with whom Mr. R.L. Gilpatric was on the brief, for Irving Trust Co., Trustee, respondent.

Messrs. Sanford H.E. Freund, Winthrop H. Kellogg, and Douglas B. Steimle were on the brief for the Preferred Stockholders' Protective Committee, respondent.

By leave of Court, Messrs. John Gerdes and John Godfrey Saxe filed a brief on behalf of Ella May Voigt et al., Trustees, as amici curiae, urging reversal of the decision below.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

Certiorari was granted in this and three following cases involving the construction and validity of provisions of § 77B of the Bankruptcy Act1 which enlarge the category of provable claims to include one by a landlord for injury due to rejection of a lease, or for damages or indemnity under a lessee's covenant.

Florence H. Bugbee...

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