IN RE FOOD BARN STORES, INC.

No. 95-4211.

107 F.3d 558 (1997)

In re FOOD BARN STORES, INC., Debtor. FOUR B. CORPORATION, Creditor-Appellant, v. FOOD BARN STORES, INC., Debtor-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 20, 1997.


Attorney(s) appearing for the Case

Paul M. Hoffman, Kansas City, MO, argued, for creditor-appellant.

Thomas C. Walsh, Kansas City, MO, argued (Laurence M. Frazen and Cynthia L. Dillard, on the brief), for debtor-appellee.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON, and ROSS, Circuit Judges.


FLOYD R. GIBSON, Circuit Judge.

In this appeal, Four B. Corporation ("Four B") challenges the district court's1 affirmance of a bankruptcy court2 order requiring Four B to pay $2.1 million to secure assignment of a debtor's real property lease. Utilizing a number of legal theories, Four B submits that the bankruptcy court should have permitted it to tender only $1.5 million for the contract. After careful contemplation...

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