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IN RE LEE ROAD PARTNERS, LTD.

Nos. 192-19210-260 (CBD), CV-93-3276 (RJD).

169 B.R. 507 (1994)

In re LEE ROAD PARTNERS, LIMITED, Debtor. LEE ROAD PARTNERS, LIMITED, Appellant, v. F.W. WOOLWORTH COMPANY, Appellee.

United States District Court, E.D. New York.

July 12, 1994.

Attorney(s) appearing for the Case

Anthony M. Sabino, Marks & Murase, New York City, for Lee Road Partners, Ltd.

Denise L. Savage, New York City, for F.W. Woolworth Co.

Robert N. Gilbert, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., West Palm Beach, FL, for Ross Stores, Inc.

OPINION AND ORDER

DEARIE, District Judge.

Appellant, Lee Roads Partners, Limited, ("the Debtor") appeals from an Order of Chief Bankruptcy Judge Conrad B. Duberstein of the Eastern District of New York denying its motion to reject its lease ("the Overlease") with F.W. Woolworth Co. ("Woolworth"). The bankruptcy court found Woolworth to be in at least "constructive possession of the premises," and thus entitled to the protections of 11 U.S.C. § 365(h...

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