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IN RE DAN COHEN COMPANY

No. 34558.

221 F.Supp. 447 (1963)

In the Matter of the DAN COHEN COMPANY, Debtor.

United States District Court S. D. Ohio, W. D.

September 12, 1963.

Attorney(s) appearing for the Case

Arthur L. Hart, Vincennes, Ind., for petitioner.

Strauss, Troy & Ruehlmann, Cincinnati, Ohio, Bamberger & Feibleman, Indianapolis, Ind., for respondent The Dan Cohen Co.

JOHN W. PECK, District Judge.

The Petition for Review of an order of the Referee in Bankruptcy which brings this matter before us presents a single and narrow question. That question is whether the filing of a petition for an arrangement under Chapter XI of the Bankruptcy Act (11 U.S.C. § 701 et seq.) institutes a "proceeding in bankruptcy" within the meaning of that phrase as used in a lease.

In the instrument in question, the petitioner herein leased...

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