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IN RE CHANNEL HOME CENTERS, INC.

No. 91-6056.

989 F.2d 682 (1993)

In re CHANNEL HOME CENTERS, INC.; Channel Home Centers Realty Corporation; Channel Acquisition Company, Debtors. LEGACY, LTD., Appellant v. CHANNEL HOME CENTERS, INC.; Channel Home Centers Realty Corporation; Channel Acquisition Company, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 30, 1993.

Sur Petition for Rehearing April 27, 1993.

Attorney(s) appearing for the Case

Stephen E. Herrmann (argued), Richards, Layton & Finger, Wilmington, DE, for appellant.

Dennis J. O'Grady, Craig J. Donaldson (argued), and Kevin G. Smith, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, for appellees.

Before: BECKER, HUTCHINSON, and ALITO, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

Legacy, Ltd. ("Legacy"), a landlord of Chapter 11 debtor Channel Home Centers Realty Corporation ("Channel Realty"), appeals from an order of the United States District Court for the District of New Jersey. In that order, the district court affirmed two orders of the bankruptcy court that granted, under 11 U.S.C. § 365(d)(4) (1988), a first and second extension...

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