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WHITWORTH COLLEGE v. CITY OF BROOKHAVEN

No. 17388.

261 F.2d 868 (1958)

WHITWORTH COLLEGE, Incorporated, Appellant, v. CITY OF BROOKHAVEN, a Municipal Corporation, Appellee.

United States Court of Appeals Fifth Circuit.

December 30, 1958

Attorney(s) appearing for the Case

Chester L. Sumners, T. O. Day, Brookhaven, Miss., for appellant, Sumners & Hickman, Oxford, Miss., of counsel.

George H. Butler, C. B. Snow, Jackson, Miss., H. W. Hobbs, A. A. Cohn, Brookhaven, Miss., for appellee, Butler, Snow O'Mara, Stevens & Cannada, Jackson, Miss., Cohn, Hobbs & Hobbs, Brookhaven, Miss., of counsel.

Before HUTCHESON, Chief Judge, and CAMERON and WISDOM, Circuit Judges.

PER CURIAM.

Filed April 30, 1954, the suit was for specific performance of an option to purchase property, which the City had, on February 4, 1941, leased to the plaintiff "for an annual rental of one dollar", and "for educational purposes."

The lease for a term of twenty years from August 16, 1938, provided that the lessee "shall have the right to renew the lease on the same terms for an additional twenty years from its expiration, provided notice of the...

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