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GENERAL TELERADIO v. MOUNT WASHINGTON SUMMIT HOUSE

Civ. A. No. 882.

116 F.Supp. 698 (1953)

GENERAL TELERADIO, Inc. (YANKEE NETWORK DIVISION), v. MOUNT WASHINGTON SUMMIT HOUSE, Inc., et al.

United States District Court D. New Hampshire.

October 5, 1953.

Attorney(s) appearing for the Case

John P. Poor, Boston, Mass., Sullivan & Wynot, Edward D. Wynot, Manchester, N. H., for plaintiff.

John R. McLane and John P. Carleton, Manchester, N. H., for defendant Mt. Washington House.

Sulloway, Jones, Hollis & Godfrey, Concord, N. H., for defendant Smith, Hinchman & Grylls.

CONNOR, District Judge.

This action, filed pursuant to Title 28, U.S.C. § 2201, came on to be heard on plaintiff's motion for separate trial under Rule 42(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the issue of whether the first sentence of paragraph 2 of a certain lease, hereinafter set forth, constitutes a negative covenant restricting the uses of the demised premises to those specified in said sentence, as contended by the defendant lessor...

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