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IN RE UNITED DEPT. STORES, INC.

Arrangement No. 82 B 10151 (EJR), Adv. No. 83-5781A.

39 B.R. 54 (1984)

In re UNITED DEPARTMENT STORES, INC., Debtor. Wallace R. PLAPINGER and United Department Stores, Inc., Plaintiff, v. The OUTLET COMPANY, Defendant.

United States Bankruptcy Court, S.D. New York.

May 3, 1984.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, for debtor.

Moses & Singer, New York City, for the Outlet Co.

Alfred Aronovitz, Miami, Fla., for Wallace R. Plapinger.

DECISION ON MOTION TO DISMISS COMPLAINT

EDWARD J. RYAN, Bankruptcy Judge.

On January 25, 1982, United Department Stores, Inc. (UDS) filed a petition for reorganization under Chapter 11 of the Bankruptcy Code. UDS was continued in possession of its properties and in operation of its business pursuant to section 1108 of the Bankruptcy Code.

In 1980 UDS purchased from Outlet Company (Outlet) certain retail clothing businesses for a base purchase price...

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