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IN RE MERRY-GO-ROUND ENTERPRISES, INC.

Bankruptcy Nos. 94-5-0161-SD to 94-5-0163-SD, 94-5-3774-SD, Adversary No. 96-5448-SD.

218 B.R. 361 (1998)

In re MERRY-GO-ROUND ENTERPRISES, INC., Mgr Distribution Corporation, and Mgrr, Inc., and Almeda Chess King, Inc., et al., Debtors. THE BINSWANGER COMPANIES, Plaintiff, v. MERRY-GO-ROUND ENTERPRISES, INC., et al., Defendants.

United States Bankruptcy Court, D. Maryland, at Baltimore.

March 17, 1998.

Attorney(s) appearing for the Case

Cynthia L. Leppert, Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., Baltimore, MD, for Deborah Hunt Devan.

Howard A. Rubenstein, Adelberg, Rudow, Dorf, Hendler & Sameth, L.L.C., Baltimore, MD, for Keen Realty Consultants, Inc.

Lorin H. Bleecker, Morton A. Faller, Meyer, Faller, Weisman & Rosenberg, P.C., Washington, DC, Paul R. Rosen, Leslie B. Baskin, Spector, Gadon & Rosen, Philadelphia, PA, for Plaintiff.

Karen H. Moore, Asst. U.S. Trustee, Office of U.S. Trustee, Baltimore, MD, for U.S. Trustee.

MEMORANDUM OPINION DISMISSING COUNT I, DISMISSING COUNT II AS TO KEEN, AND DENYING DISMISSAL OF COUNT II AS TO TRUSTEE

E. STEPHEN DERBY, Bankruptcy Judge.

This dispute is whether plaintiff, The Binswanger Companies ("Binswanger"), is entitled to a real estate broker's commission on the $19,000,000 sale of Debtor's warehouse and distribution center by the Chapter 7 Trustee.

I. BACKGROUND.

During the last weeks of the unsuccessful...

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