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IN RE JOSHUA SLOCUM, LTD.

Bankruptcy Nos. 88-14082S, 88-14083S.

99 B.R. 250 (1989)

In re JOSHUA SLOCUM, LTD., a Delaware Corporation Debtor. In re JOSHUA SLOCUM, LTD., a Pennsylvania Corporation Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

March 29, 1989.

Attorney(s) appearing for the Case

Melvin Lashner, J. Scott Victor, Philadelphia, Pa., Trustee.

James W. Adelman, Philadelphia, Pa., for Creditors' Committee.

Marilyn Simon, New York City, for European Collections, Inc.

Robert Burrick, Warshaw, Burnstein, Cohen, Schlesinger & Kuh, New York City, for debtor.

James J. O'Connell, Asst. U.S. Trustee, Philadelphia, Pa.

Jacob A. Manheimer, Pierce, Atwood, Schribner, Alalen, Smith & Lancaster, Portland, Me., for George Denney.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant motion of the Trustee to allow the Debtor to assume and assign one of its store leases raises several issues of first impression in this jurisdiction regarding the limitations imposed upon such assignments by restrictive clauses contained in the Debtor's lease. We hold that, unless the landlord establishes that the leasehold is in a "shopping...

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