Before FINNEGAN, LINDLEY and SWAIM, Circuit Judges.
Condemnation proceedings*fn1 involving leasehold interests, are here reviewed under the Government's notice of appeal, and three such notices filed by Clark-Congress Corporation. After judgment was entered, January 29, 1953, on jury verdicts of compensation for taking by eminent domain, the Government moved for a new trial and, in the alternative, for judgment notwithstanding verdicts under Rule 50(b), Fed.R.Civ.Proc., 28 U.S.C.A. Clark-Congress, on the other hand, seeks reversal of a final judgment entered January 26, 1953 against it on two cross-claims and a counterclaim, prosecuted by its three co-defendants. Under these latter three notices of appeal, findings of fact and conclusions of law made by the trial judge, on this aspect of the case, are brought up for our examination.
Prior to any proceedings, now under scrutiny, Clark-Congress acquired five ground leases*fn2 of land in Chicago, Illinois, on which the Rand McNally Building is situated. Initially, Merchants Matrix Cut Syndicate, Inc., and Intertype Corporation were tenants of the Rand McNally Company for terms hereinafter itemized. Their two leases were assigned June 30, 1949 by that Company to Clark-Congress which, itself, executed other leases with Advertising Checking Bureau, Inc., and Merchants, as follows:
Square Lease Commenc- Lease Co mmenc-
Defendant Floor feet Dated ing Ending Dated in g Ending
Merchants 8th 10,000 May 19, June 16, Aug. 31,
Room 844 Apr. 27, May 1, Aug.
Ad vert- 8th 20,000 Feb. 10, May 1, Apr.