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IN RE BRICKER

Bankruptcy No. B-83-3262-PHX-GBN, Adversary "A".

43 B.R. 344 (1984)

In re John BRICKER and Kathaleen Bricker, husband and wife, dba Basket House, Debtors. DVM CO., a joint venture, limited partnership, Movant, v. John BRICKER and Kathaleen Bricker, husband and wife, dba Basket House, Respondents.

United States Bankruptcy Court, D. Arizona.

October 12, 1984.

Attorney(s) appearing for the Case

Redfield T. Baum, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for debtors.

Richard H. Lee, Murphy & Posner, Phoenix, Ariz., for movant.

OPINION

GEORGE B. NIELSEN, Jr., Bankruptcy Judge.

Movant DVM Company leased space in Metrocenter Mall to the debtors-in-possession, John and Kathaleen Bricker, dba Basket House. The lease, in a use clause, set forth the items that could be sold, including "Arizona Souvenirs". Sales of items not in conformity with the lease's restrictions, without the landlord's prior written consent constituted a breach or default. DVM Co. v. Bricker, 137 Ariz. 589...

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