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MATTER OF RUBY'S FLORIDA, INC.

Bankruptcy No. 81-00292.

11 B.R. 171 (1981)

In the Matter of RUBY'S FLORIDA, INC. d/b/a Cindy's Ole Time Hamburgers, Bankrupt. LARGO VILLAGE SHOPPING CENTER, INC., Plaintiff, v. RUBY'S FLORIDA, INC. d/b/a Cindy's Ole Time Hamburgers, Defendant.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

April 2, 1981.

Attorney(s) appearing for the Case

Harley E. Riedel, Tampa, Fla., James E. Byrne, Clearwater, Fla., for Largo Village Shopping Center.

Donald A. Alessi, Buffalo, N.Y., David W. Steen, Tampa, Fla., for Ruby's Florida Inc.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ALEXANDER L. PASKAY, Chief Judge.

THE MATTER under consideration is a complaint filed by Largo Village Shopping Center, Inc. (Largo Village). The complaint sets forth two counts.

In Count I, Largo Village seeks a declaratory judgment determining:

(1) That the Defendant was not a lessee under the terms of the lease and has no interest in the real property; or, alternatively,

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