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IN RE MERRY-GO-ROUND ENTERPRISES, INC.

No. 98-1082.

180 F.3d 149 (1999)

In re MERRY-GO-ROUND ENTERPRISES, INCORPORATED, Debtor. Deborah Hunt Devan, Chapter 7 Trustee for Merry-Go-Round Enterprises, Incorporated and its Affiliates, Trustee-Appellant, v. Simon DeBartolo Group, L.P., Successor by Merger to DeBartolo Properties Management, Incorporated, Creditor-Appellee, v. Office of U.S. Trustee, Party in Interest.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1999.

Attorney(s) appearing for the Case

ARGUED: Joel Ira Sher, Shapiro & Olander, Baltimore, MD, for Appellant. Joyce Ann Kuhns, Weinberg & Green, L.L.C., Baltimore, MD, for Appellee. ON BRIEF: Kimberly A. Manchester, Shapiro & Olander, Baltimore, MD, for Appellant. Shoshana Katz, Weinberg & Green, L.L.C., Baltimore, MD, for Appellee.

Before ERVIN and HAMILTON, Circuit Judges, and HILTON, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge ERVIN wrote the opinion, in which Judge HAMILTON and Chief Judge HILTON joined.

OPINION

ERVIN, Circuit Judge:

The question before this Court is what administrative priority, if any, should be given to a Chapter 11 postpetition commercial lease that is subsequently breached after Chapter 7 conversion. While under Chapter 11, Merry-Go-Round Enterprises, Inc. and its affiliated corporations ("MGRE") voluntarily entered...

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