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ANHEUSER-BUSCH, INC. v. MILLER

Bankruptcy Appeal No. 89-046-Mc.

99 B.R. 137 (1989)

ANHEUSER-BUSCH, INC., et al., Plaintiffs, v. Stanley MILLER, Trustee, Defendant.

United States District Court, D. Massachusetts.

April 12, 1989.

Attorney(s) appearing for the Case

Daniel J. Carragher, Laura L. Carroll, Widett, Slater & Goldman, P.C., Boston, Mass., for KMS Patriots.

Peter Nils Baylor, Douglas G. Kott, Nutter, McClennen & Fish, Boston, Walter D. Wekstein, Lawrence R. Katz, Gadsby & Hannah, Boston, Mass., for Anheuser-Busch Inc., appellant.

Robert L. Caporale, Daniel C. Cohn, Anne E. Colleton, Fine & Ambrogne, Boston, Mass., for Stanley Miller, Trustee of Stadium Management Corp.

Michael J. Goldberg, Hill & Barlow, Boston, Mass., for Committee of Unsecured Creditors.

OPINION

McNAUGHT, District Judge.

Anheuser-Busch, Inc., Foxboro Associates and KMS Patriots, L.P. appealed from an order entered by Bankruptcy Judge James N. Gabriel, dated December 9, 1988. The judge had thereby approved the Trustee's motion to sell assets, his motion for rejection of an agreement between the debtor and Anheuser-Busch, Inc., his motion for approval of assumption and assignment of the parking facility lease (retaining claims for past due...

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