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IN RE RICKEL HOME CENTERS, INC.

No. 98-7181.

209 F.3d 291 (2000)

IN RE RICKEL HOME CENTERS, INC., Debtor. L.R.S.C. Co., Appellant v. Rickel Home Centers, Inc.; Staples, Inc.

United States Court of Appeals, Third Circuit.

Decided April 6, 2000.

Attorney(s) appearing for the Case

Robert E. Gerber, Fried, Frank, Harris, Shriver & Jacobson, New York, NY, Brendan L. Shannon, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for Rickel Home Centers, Inc.

Barry W. Frost (Argued), David A. Martin, Teich, Groh & Frost, Trenton, NJ, Allan R. Plapinger, L.R.S.C. Co., Lawrenceville, NJ, for L.R.S.C. Co.

Norman L. Pernick, Saul, Ewing, Remick & Saul, Wilmington, DE, Patrick Dinardo (Argued), Gayle P. Ehrlich, Maria Carroll Furlong Sullivan & Worcester, Boston, MA, for Staples, Inc.

Before: SLOVITER and ROTH, Circuit Judges, and POGUE, Judge, United States Court of International Trade.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

L.R.S.C. Co. ("LRSC") appeals an order of the United States District Court for the District of Delaware that authorized the assignment of its lease with debtor Rickel Home Centers, Inc. to Staples, Inc., both of which are appellees, and that struck from that lease a provision limiting the tenant's use of the premises to a "Channel Home Center." The principal issue on appeal is whether LRSC's failure to obtain...

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