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Model Dairy Co. v. Foltis-Fischer Inc.

December 4, 1933

MODEL DAIRY CO., INC.,
v.
FOLTIS-FISCHER, INC.; GRACEL REALTIES, INC., V. IRVING TRUST CO.



On Petition for Rehearing.

Per Curiam.

If there is no grantee of the receiver, but only a sublessee, we have done no harm in directing the District Court to evict him. How far a sublessee who took pending the proceeding is bound by the decree, either because of actual notice or otherwise, under the doctrine of lis pendens, we do not now decide; indeed, the point has not been argued, nor are the facts before us. It will indeed be a curious result if the receiver can defeat this whole proceeding by introducing a new interest pendente lite, but we leave all such questions to the District Court.

Rehearing refused.

19331204

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