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THEATRE HOLDING CORP. v. MAURO

No. 1149, Docket 82-5007.

681 F.2d 102 (1982)

THEATRE HOLDING CORP., Debtor-Appellant, v. Marcella Pincus MAURO, John E. Mauro and Paul Mauro, Landlords-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 1, 1982.

Attorney(s) appearing for the Case

Julian Kaplan, Mineola, N. Y. (Jessel Rothman, P. C., Mineola, N. Y., of counsel), for debtor-appellant.

Robert W. Prier, Suffern, N. Y. (Coral Ortenberg Mayer Zeck & Prier, P. C., Suffern, N. Y., of counsel), for landlords-appellees.

Before LUMBARD, KAUFMAN and KEARSE, Circuit Judges.

PER CURIAM:

Debtor Theatre Holding Corporation appeals from an order of Stewart, J. (S.D.N.Y.), which affirmed an order of Bankruptcy Judge Schwartzberg giving Theatre Holding 30 days to assume or reject its ground lease on 18 acres of land in Rockland County, New York. 11 U.S.C. § 365(d)(2) (Supp. IV 1980). We affirm for reasons which differ from those of the district court.

The land holds the Nanuet Dinner...

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