IN RE CIRCLE K CORP.

BAP No. AZ-94-1422-JMeR. Bankruptcy Nos. 90-5052-PHX-GBN to 90-5075-PHX-GBN. Adv. No. 91-974-GBN.

190 B.R. 370 (1995)

In re The CIRCLE K CORPORATION, et al., Debtors. COLEMAN OIL COMPANY, INC., a New Hampshire corporation, Appellant, v. The CIRCLE K CORPORATION, et al., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 11, 1995.

Amended Opinion January 8, 1996.


Attorney(s) appearing for the Case

Carolyn J. Johnsen, Phoenix, AZ, Appellant.

James L. Rasmussen, Albuquerque, NM, James T. Reist, Albuquerque, NM, Appellees.

Before JONES, MEYERS and RUSSELL, Bankruptcy Judges.


AMENDED OPINION

JONES, Bankruptcy Judge:

A lessor leased nine gasoline service stations in New Hampshire and Maine to a lessee. The lease agreement was for ten years but could be renewed for two additional five-year periods. Through a series of mergers, acquisitions, and dissolutions, six of the stations ended up in the Circle K family of convenience stores.

Circle K declared bankruptcy and its subsidiaries gave notice that they intended to renew...

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