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WEINGARTEN NOSTAT v. SERVICE MERCHANDISE

Nos. 03-5345, 03-5709.

396 F.3d 737 (2005)

WEINGARTEN NOSTAT, INC., Appellant, v. SERVICE MERCHANDISE COMPANY, INC., Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 24, 2005.

Attorney(s) appearing for the Case

ARGUED: Henry J. Kaim, Bracewell & Patterson, Houston, Texas, for Appellant. Patrick J. Nash, Jr., Skadden, Arps, Slate, Meagher & Flom, LLP, Chicago, Illinois, for Appellee. ON BRIEF: Henry J. Kaim, Bracewell & Patterson, Houston, Texas, Robin E. Harvey, Baker & Hostetler, Cincinnati, Ohio, for Appellant. Patrick J. Nash, Jr., Frances P. Kao, Skadden, Arps, Slate, Meagher & Flom, LLP, Chicago, Illinois, Paul G. Jennings, Bass, Berry & Sims, Nashville, Tennessee, for Appellee.

Before: RYAN, COLE, and ROGERS, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Weingarten Nostat, Inc., a shopping center landlord, appeals a bankruptcy court order, affirmed by the district court, allowing the assumption and assignment of a shopping center lease by Service Merchandise Company, Inc., a chapter 11 debtor in possession, to JLPK, LLC. Weingarten opposes the assignment of the lease because JLPK's assurance of future payment of rent was allegedly...

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