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KUEHNER v. IRVING TRUST CO.

No. 354.

299 U.S. 445 (1937)

57 S.Ct. 298

81 L.Ed. 340

KUEHNER ET AL., TRUSTEES, 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. Rollin Browne, with whom Mr. Henry L. Glenn was on the brief, for petitioners.

Mr. William D. Whitney, with whom Mr. R.L. Gilpatric was on the brief, for the 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. M. Carl Levine and David Morgulas filed a brief on behalf of the Jacob Ruppert Realty Corporation, as amicus curiae, urging reversal of the decision below.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

In this case we are concerned with that portion of subsection (b) (10) of § 77B of the Bankruptcy Act which limits the claim of a landlord for indemnity under a covenant in a lease to an amount not to exceed three years' rent.

The questions are: (1) Is the claim so limited in all events and for all purposes or is the surplus over the specified amount, though...

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