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IN RE MONTGOMERY WARD HOLDING CORP.

No. CIV. A. 98-338-JJF.

242 B.R. 142 (1999)

In re MONTGOMERY WARD HOLDING CORP., et al., Debtors. CenterPoint Properties Trust, Appellant, v. Montgomery Ward Holding Corp. et al., Appellees.

United States District Court, D. Delaware.

November 15, 1999.

Attorney(s) appearing for the Case

Joanne B. Wills, and David S. Eagle, Klehr, Harrison, Harvey, Branzburg & Ellers, Wilmington DE. Of Counsel: J. Mark Fisher, and William Macy Aguiar, Schiff Hardin & Waite, Chicago, IL, for Appellant.

Thomas L. Ambro, and Daniel DeFrancheschi, Richards, Layton & Finger, Wilmington DE. Of Counsel: David S. Kurtz, Richard A. Chesley, and Jeffrey W. Linstrom, Jones, Day, Reavis & Pogue, Chicago, IL, for Appellees.

OPINION

FARNAN, Chief Judge.

Presently before the Court is an appeal by CenterPoint Properties Trust ("CenterPoint") from the April 6, 1998 Order (the "Order") of the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") denying CenterPoint's Motion to Compel Performance of Lease Pursuant to 11 U.S.C. § 365(d)(3). For the reasons discussed, the decision of the Bankruptcy Court will be affirmed.

BACKGROUND...

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