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IN RE DEFENDER DRUG STORES, INC.

BAP Nos. AZ 90-1751-AsPV, AZ 90-1774-AsPV, Bankruptcy Nos. 90-4885-PHX-RGM to 90-4887-PHX-RGM.

127 B.R. 225 (1991)

In re DEFENDER DRUG STORES, INC., an Arizona corporation, Debtor. In re SUPERX OF ARIZONA, ALABAMA & GEORGIA CORPORATION, a Delaware corporation, Debtor. In re MEDICARE-GLASER CORPORATION, a Missouri corporation, Debtor. The KROGER CO. and SuperX Drugs Corporation, Appellants, v. SUPERX OF ARIZONA, ALABAMA AND GEORGIA CORPORATION, Appellee (Two Cases).

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 7, 1991.

Attorney(s) appearing for the Case

H. Sullivan Bunch, Phoenix, Ariz., for appellants.

Anna Durand, Phoenix, Ariz., for appellees.

Before ASHLAND, PERRIS and VOLINN, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge:

The Kroger Co. and SuperX Drugs Corporation appeal from the court's determination of the debtor's obligations under 11 U.S.C. § 365(d)(3) prior to formal assumption or rejection of the debtor's nonresidential leases. We dismiss a portion of the appeal as moot and the remainder as premature.

FACTS

Appellant SuperX Drugs Corporation (SDC) is a wholly owned subsidiary of appellant The Kroger Co. (Kroger...

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