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IN RE PAGODA INTERN., INC.

Bankruptcy No. 82-1-1287, Adv. No. 82-0734A.

26 B.R. 18 (1982)

In re PAGODA INTERNATIONAL, INC., Debtor. PHOENIX ASSOCIATES, INC., Plaintiff, v. PAGODA INTERNATIONAL, INC., Defendant.

United States Bankruptcy Court, D. Maryland.

On Motion For Stay Pending Appeal December 14, 1982.

Attorney(s) appearing for the Case

Jeffrey Axelson, Rockville, Md., for debtor/defendant.

Ronald Kane, Bethesda, Md., for plaintiff.

MEMORANDUM OF OPINION

PAUL MANNES, Bankruptcy Judge.

This is an action filed by the owner of an apartment house, Phoenix Associates, Inc. (Phoenix) against the operator of a restaurant located in the building, Pagoda International, Inc. (Pagoda). Phoenix seeks to retake the premises on account of various violations of the lease and to lift the automatic stay of 11 U.S.C. § 362 so as to permit it to proceed in state court. For the reasons stated hereinafter...

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