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TIGR RESTAURANT v. ROUSE S.I. SHOPPING CENTER

No. CV 86-3763 (RJD).

79 B.R. 954 (1987)

TIGR RESTAURANT, INC., Appellant, v. ROUSE S.I. SHOPPING CENTER, INC., Appellee.

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

November 24, 1987.

Attorney(s) appearing for the Case

Siegel, Sommers & Schwartz (Lawrence C. Gottlieb and Jay R. Indyke, of counsel), New York City, for debtor-appellant.

Paul, Weiss, Rifkind, Wharton & Garrison (Robert L. Laufer and Jeffrey B. Sklaroff, of counsel), New York City, for lessor-appellee.

MEMORANDUM AND ORDER

DEARIE, District Judge.

This appeal from the Bankruptcy Court raises a novel question of interpretation of § 365(d)(4) of the Bankruptcy Code.

I. FACTUAL BACKGROUND

The debtor-appellant in this case, Tigr Restaurant, Inc. ("Tigr"), operates a Ground Round restaurant in leased space in a shopping center owned by lessor-appellee Rouse, S.I. Shopping Center ("Rouse"). Tigr filed a voluntary petition under Chapter 11...

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