MATTER OF T & H DINER, INC.

Civ. No. 89-3651 (CSF).

108 B.R. 448 (1989)

In the Matter of T & H DINER, INC., t/a Colonial Restaurant & Diner, Debtor.

United States District Court, D. New Jersey.

December 20, 1989.


Attorney(s) appearing for the Case

Carol Slocum, Klehr, Harrison, Harvey, Branzburg, Ellers & Weir, Cherry Hill, N.J., for Trustee.

Daniel Chase, Teich, Groh & Frost, Trenton, N.J., for the Landlords.

Richard B. Honig, Hellring Lindeman Goldstein Siegal Stern & Greenberg, Newark, N.J., for debtor.


CLARKSON S. FISHER, District Judge.

This is an appeal from the bankruptcy court over which the court has jurisdiction pursuant to 28 U.S.C. § 158(a). The debtor, T & H Diner, Inc., trading as the Colonial Restaurant & Diner, seeks to set aside an order of the bankruptcy court which denied its motion to assume a certain sublease. For the reasons set forth below, this matter will be remanded to the bankruptcy court for additional findings of fact.

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