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IN RE MR. GROCER, INC.

Bankruptcy Nos. 86-436 to 86-443.

77 B.R. 349 (1987)

In re MR. GROCER, INC., et al., Debtor.

United States Bankruptcy Court, D. New Hampshire.

September 4, 1987.

Attorney(s) appearing for the Case

Mark Vaughn, Albert A. Notini, Divine, Millimet, Stahl & Branch, Manchester, N.H., for debtors.

Steven Hoort, Ropes & Gray, Boston, Mass., for Bunker and Cox.

Mark N. Polebaum, Paul J. Ricotta, Hale and Dorr, Boston, Mass., for DBG Realty Trust.

Paula Bonnell, United States Trustee's Office, Boston, Mass.

MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

This case involves a hotly-contested proposed assignment and assumption of a commercial lease under § 365 of the Bankruptcy Code. The issue presently requiring immediate decision is whether a landlord's contractual right of first refusal regarding any assignment of the lease is enforceable in face of the provisions of § 365(f)(1) of the Code. Remarkably, there appears to be no reported decision...

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