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MODERN REALTY CORP. OF BROCKTON v. UNITED STATES

Civ. A. No. 54-883.

133 F.Supp. 802 (1955)

MODERN REALTY CORPORATION OF BROCKTON v. UNITED STATES of America.

United States District Court D. Massachusetts.

September 9, 1955.

Attorney(s) appearing for the Case

Lewis H. Miller, David Silverstein, Brockton, Mass., for plaintiff.

Arthur H. Bloomberg, Asst. U. S. Atty., Cambridge, Mass., for defendant.

ALDRICH, District Judge.

This action is brought by a lessor after the termination of the lease for damages for breach of an alleged covenant to restore the premises to their original condition. The defendant moves for summary judgment. The facts most favorable to the plaintiff on the basis of the pleadings, the affidavits, and certain oral stipulations made at the argument are these. The original lease was executed September 18, 1947, the defendant entering into possession...

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