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IN RE W.T. GRANT CO.

No. 81 Civ. 6406 (JES).

36 B.R. 939 (1984)

In re W.T. GRANT COMPANY, Bankrupt.

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

February 7, 1984.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, for trustee of estate of Grant/appellee; Alan Lipkin, David J. Ciminesi, New York City, of counsel.

Levin & Weintraub, New York City, for Kimcoast of Eagleville Inc./appellant; Elias Mann, Paul H. Silverman, New York City, of counsel.

OPINION & ORDER

SPRIZZO, District Judge:

This is an appeal from a decision of the bankruptcy court granting summary judgment to the debtor, W.T. Grant Company (Grant), against appellant, Kimcoast of Eagleville, Inc. (Kimcoast), and dismissing Kimcoast's claim for damages in the amount of $56,595.44. See In re W.T. Grant Co., 13 B.R. 198 (Bkrtcy.S.D.N.Y. 1981) (Galgay, J.).

FACTS

Kimcoast, as landlord...

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