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213 F. 450

Docket No. 1785.

Ludlow v. Pugh

Third Circuit Court of Appeals

Decided April 2, 1914.)

Third Circuit Court of Appeals · decided 1914-04-02

McPherson, Judge. In the matter of the Keith-Gara Company, bankrupt. From an order allowing priority to the claim of Job T. Pugh for rent, Benjamin H. Dudlow, trustee, appeals.

2 counsel of record

Relies on In re Keith Gara Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Opinion by (per_curiam) · Decided 1914-04-02

How this case has been cited

Cited by 11 later decisions (2 by the Supreme Court) — most recently July 1933

4 federal appellate · 4 district ·

50191419201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Bankruptcy (§ 350*)—Debts Entitled to Priority—Unaccrued Rent.

¶2Where a lease to a bankrupt provided that, in case of his bankruptcy, rent for the entire term should become due and payable at once, and should be first paid out of his assets, which provisions were valid under the laws of the state, on the bankruptcy the landlord’s claim for unac*451erued rent became a debt entitled to priority under the laws of the state, and as such to priority in bankruptcy under Bankr. Act July 1, 1898, c. 541, § 64b (5), 30 Stat. 563 (U. S. Comp. St. 1901, p. 3447).

¶3]Ed. Note.—l or other cases, see Bankruptcy, Cent. Dig. § 537; Dec. Dig. § 350.*]

¶4Appeal from the District Court of the United States for the Eastern District of Pennsylvania; John B. McPherson, Judge.

¶5In the matter of the Keith-Gara Company, bankrupt. From an order allowing priority to the claim of Job T. Pugh for rent, Benjamin H. Dudlow, trustee, appeals.

¶6Affirmed.

¶7For opinion below, see 203 Fed. 585.

¶8Benjamin H. Dudlow, of Philadelphia, Pa., for appellant.

¶9Henry T. Dechert, of Philadelphia, Pa., for appellee.

¶10Before GRAY and BUFFINGTON, Circuit Judges, and THOMPSON, District Judge.

¶12PER CURIAM.

¶13This case involves a question of Pennsylvania decisions and of bankruptcy procedure. Both are fully discussed in the opinion below, which was delivered by Judge McPherson, a member of this court, but sitting by special assignment in this case in the District Court. 203 Fed. 585. Regarding that decision as expressive of the views also reached by this court after a full argument of the case and careful subsequent consideration, we avoid needless repetition by adopting such opinion as the opinion of this court, and affirming the decree entered in pursuance .thereof.

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