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Jacob Foster
Jacob Foster

1. Surrender Benson ((EXCLUSIVE))

The box score below is an accurate record of events for the baseball contest played on May 26, 2004 at Busch Stadium II. The Pittsburgh Pirates defeated the St. Louis Cardinals and the box score is "ready to surrender its truth to the knowing eye."

1. Surrender Benson

The trustee denies that he ever occupied the twenty-seventh floor space, and, while acknowledging his liability for the reasonable value of his use and occupancy of the second floor space, contends that such liability did not accrue until July 1, 1958, the first day of the month following his appointment as trustee. He contends that the debtor had surrendered its space on the twenty-seventh floor to the landlord prior to the commencement of the reorganization proceedings, that there was no use and occupancy of the twenty-seventh floor by the trustee, and that the several articles of furniture which admittedly remained on the twenty-seventh floor until their removal by the trustee on July 10, 1958, did not constitute use and occupancy of that space.

*31 The uncontroverted testimony of Robert D. Murdock, vice-president of the petitioner, negatives any surrender or acceptance of a surrender between the debtor and the landlord. He testified that the tenant communicated its desire to terminate its occupancy of the twenty-seventh floor, but that the landlord informed the debtor that it still considered the debtor to be bound by the terms of the lease.

Since there is no claim that a written acceptance of a surrender was ever executed and signed by the landlord, as required by paragraph 24, it is plain that there was never a surrender of the twenty-seventh floor premises by the debtor.

THE PRESIDENT. Well I haven't seen that request, but I do say this: in spite of my great confidence in any individual, I would be wrong if I had shown any tendency to surrender my mind to one of my friends and to be sort of an automaton for him. I have used my own judgment in details, but that does not affect in any degree my great confidence in Secretary Benson.Merriman Smith, United Press: Thank you, Mr. President. 041b061a72


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