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IN RE ARIZONA APPETITO'S STORES, INC.

No. 88-15147.

893 F.2d 216 (1990)

In re ARIZONA APPETITO'S STORES, INC., an Arizona corporation, Debtor. ARIZONA APPETITO'S STORES, INC., an Arizona corporation, Appellant, v. PARADISE VILLAGE INVESTMENT COMPANY, an Arizona limited partnership; Westcor Company Limited Partnership, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 3, 1990.

Attorney(s) appearing for the Case

H.M. Bohlman, Tempe, Ariz., for appellant.

Bryan A. Albue, Murphy & Posner, Phoenix, Ariz., for appellees.

Before TANG, REINHARDT and WIGGINS, Circuit Judges.

TANG, Circuit Judge:

Arizona Appetito's Stores, Inc. (Appetito's), a Chapter 11 debtor-in-possession, appeals the denial of its motion to assume a ground lease for nonresidential real property after having filed a motion to reject the lease. Appetito's contends that it could assume the lease even after the expiration of the sixty-day period set forth in 11 U.S.C. § 365(d)(4) because its motion to reject, filed within the sixty-day period, prevented the lease...

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