IN RE AMES DEPT. STORES, INC.

95 Civ. 3890 (JGK).

190 B.R. 157 (1995)

In re AMES DEPARTMENT STORES, INC., Debtor. The HUNNICUTT COMPANY, INC., Plaintiff, v. The TJX COMPANIES, INC., formerly known as Zayre Corp., Defendant.

United States District Court, S.D. New York.

December 31, 1995.


Attorney(s) appearing for the Case

Peter W. Homer, Jay A. Gayoso, Homer & Bonner, P.A., Miami, Florida, Gary Gerrard, Gerrard & Powers, Coral Gables, Florida, for Plaintiff.

Douglas H. Meal, James W. Matthews, E. David Pemstein, Ropes & Gray, Boston, Massachusetts, for Defendant.


OPINION AND ORDER

KOELTL, District Judge:

This is an action by plaintiff The Hunnicutt Company, Inc. ("Hunnicutt") against defendant The TJX Companies, Inc. ("TJX") asserting state law claims for money damages arising from unpaid rent and property damage. Hunnicutt is the lessor of certain commercial property in Atlanta, Georgia. TJX is the guarantor on the lease. The tenant, Ames Department Stores, Inc. ("Ames") filed for bankruptcy in April 1990...

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