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IN RE KMART CORP.

Bankruptcy No. 02 B 02474, Adversary No. 02 A 01584.

285 B.R. 679 (2002)

In re KMART CORPORATION, et al., Debtors. El Puerto de Liverpool S.A. de C.V., Plaintiff, v. Servi Mundo Llantero, U.S.A., Inc., Servi Mundo Llantero S.A. de C.V., and Enrique Kanarek, Defendant.

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

November 15, 2002.

Attorney(s) appearing for the Case

Partrick S. Coffey, Chicago, IL, Mark S. Melickian (Gardner, Carton & Douglas), for Plaintiff.

Brian L. Shaw (Shaw Gussis Fishman Glantz & Wolfson), for Defendants.

John William Butler, Jr. (Skadden Arps Slate Meagher & Flom), Chicago, IL, for Debtors.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JACK B. SCHMETTERER, Bankruptcy Judge.

Following trial on Plaintiff's Motion for Preliminary Injunction, and hearing on the submissions filed by the Debtors and official bankruptcy committees, the Court now makes and enters the following Findings of Fact and Conclusions of Law.

INTRODUCTION

Plaintiff, El Puerto Liverpool S.A. de C.V. ("Liverpool") is a Mexican corporation which had been...

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