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IN RE FEDERATED DEPT. STORES, INC.

Bankruptcy No. 1-90-00147. Adversary No. 97-1155.

243 B.R. 341 (2000)

In re FEDERATED DEPARTMENT STORES, INC., A & S Galleria Real Estate, Inc., Debtor. City of White Plains, N.Y., Plaintiff, v. A & S Galleria Real Estate, Inc. and its Successors or Assigns, Defendant.

United States Bankruptcy Court, S.D. Ohio, Western Division.

January 5, 2000.

Attorney(s) appearing for the Case

Todd S. Swatsler, Melanie S. Fahey, Columbus, OH, for Reorganized Debtor.

Richard M. Cieri, Cleveland, OH, for Reorganized Debtor.

John A. Schuh, Cincinnati, OH, for City of White Plains.

William T. Hayden, Cincinnati, OH, for Claims Reconciliation Committee.

Neal J. Weill, Cincinnati, OH, Asst. U.S. Trustee.

DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

BURTON PERLMAN, Bankruptcy Judge.

Defendant, debtor A & S Galleria Real Estate, Inc., filed a Chapter 11 case in this court, which was jointly administered with that of Federated Department Stores. Defendant owns real property located in White Plains, New York (the "subject property"). Defendant's bankruptcy case was filed on January 15, 1990. The case was administered and closed in June, 1996. On August...

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