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IN RE KMART CORP.

No. 02 B 02474.

290 B.R. 601 (2002)

In re KMART CORPORATION, et al., Debtors.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

October 23, 2002.

Attorney(s) appearing for the Case

Joseph D. Frank, Micah R. Krohn, Freeborn & Peters, Chicago, IL, for 4th Leaf, LLC.

William H. Wilhoit, Wilhoit Law Office, Grayson, KY, Deborah L. Thorne, Barnes & Thornburg, Chicago, IL, for Farmers Hardware Co.

John Wm. Butler, J. Eric Ivester, Mark A. McDermott, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Kmart Corp, et al.

MEMORANDUM OPINION

SUSAN PIERSON SONDERBY, Bankruptcy Judge.

This matter comes before the Court on the Motion of 4th Leaf, L.L.C. ("4th Leaf") to Compel Surrender of Property. 4th Leaf relies upon section 105(a) of title 11 of the United States Code (the "Code") as the statutory predicate for relief. As discussed in detail later, 4th Leaf leased a store located in Kentucky to one of the debtors herein, Kmart Corporation ("Kmart"), pursuant to a master...

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