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IN RE CASUAL MALE CORP.

Bankruptcy Nos. 90-40492-JFQ through 90-40496-JFQ.

120 B.R. 256 (1990)

In re The CASUAL MALE CORPORATION, The Casual Male, Inc., Himalaya Sportswear, Inc., Sweats FX, Inc., TCM Apparel, Inc., Debtors.

United States Bankruptcy Court, D. Massachusetts.

October 3, 1990.

Attorney(s) appearing for the Case

J. Robert Seder, Seder & Chandler, Worcester, Mass., for debtor.

George Kelakos, Cohn, Roitman & Kelakos, Boston, Mass., for Evergreen Plaza Associates.

Carl Aframe, Worcester, Mass., for MY, Inc.

OPINION

JAMES F. QUEENAN, Bankruptcy Judge.

On August 28, 1990, the consolidated Debtors filed a motion to assume and assign to MY, Inc. ("MY") a ten year lease executed in June of 1989 by the Debtor Sweats FX, Inc. as lessee with Evergreen Plaza Associates ("Evergreen") as lessor and covering premises at Evergreen Plaza Shopping Center in Evergreen Park, Illinois. Evergreen opposes the motion on the ground that it was not filed within the period specified...

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