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IN RE THE GROUND ROUND, INC.

No. 06-9002.

482 F.3d 15 (2007)

In re THE GROUND ROUND, INC., Debtor. Joseph A. Abboud, Elias N. Dow, Wazen J. Wyzew, a Pennsylvania Partnership, and Byblos, Inc., Appellees, v. The Ground Round, Inc., Appellant.

United States Court of Appeals, First Circuit.

Decided March 30, 2007.

Attorney(s) appearing for the Case

Harold B. Murphy with whom Andrew G. Lizotte, Christian J. Urbano and Hannify & King, P.C. were on brief for appellant.

Eugene J. Malady for appellees.

Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

BOUDIN, Chief Judge.

In 1977, Joseph Abboud and several partners (collectively, "the partnership") leased real property in West Chester, Pennsylvania, to the Howard Johnson Company for use as a restaurant. The lease was for 10 years, with options to the lessee to extend for six periods of five years each. The Ground Round, Inc. ("Ground Round") later succeeded Howard Johnson as the lessee of the premises.

In 1978,...

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