IN RE JASON REALTY, L.P.

Nos. 94-5691, 95-5133.

59 F.3d 423 (1995)

In re JASON REALTY, L.P., Debtor. FIRST FIDELITY BANK, N.A. v. JASON REALTY, L.P., Appellant. JASON REALTY, L.P., Appellant, v. FIRST FIDELITY BANK, N.A.

United States Court of Appeals, Third Circuit.

Decided July 6, 1995.

Sur Petition for Rehearing August 4, 1995.


Attorney(s) appearing for the Case

Jonathan I. Rabinowitz (argued), Bernard Schenkler, Paul Rosenblatt, Ravin, Sarasohn, Cook, Baumgarten, Fisch & Baime, Roseland, NJ, for appellant.

Joseph Lubertazzi, Jr. (argued), Sheila E. Calello, McCarter & English, Newark, NJ, for appellee.

Before: GREENBERG, ROTH and ALDISERT, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

These consolidated appeals arise out of the bankruptcy of Jason Realty, L.P., a single-asset, New Jersey limited partnership that owns and operates a two-story retail and office building. On this property, First Fidelity Bank, N.A., holds a note, a mortgage, and an assignment of rents. At issue here is the assignment agreement, which assigned the rents, income and profits from the property to the bank, but granted...

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