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IN RE SERVICE MERCHANDISE CO., INC.

No. 399-02649.

297 B.R. 675 (2002)

In re SERVICE MERCHANDISE COMPANY, INC., et al., Debtors.

United States Bankruptcy Court, M.D. Tennessee.

August 29, 2002.

Attorney(s) appearing for the Case

John M. Butler, George Panagakis, Marian Wexler, Patrick Nash, Skadden Arps, Slate, Meagher & Flom, Chicago, IL, Paul G. Jennings, Beth A. Dunning, Bass, Berry & Sims, Nashville, TN, for the Debtors.

Neil Herman, Morgan, Lewis & Bockins, LLP, New York, NY, for JLPK Novi, LLC.

Ian I. Allen, Ramco-Gershenson, Managing Entity for Ramco-Gershenson Properties, L.P., Paul S. Magy, Matthew W. Schlegel, Kupelian Ormond & Magy, Southfield, MI, Gail Reece, Nashville, TN, for Ramco Gershenson Properties, L.P.

Beth R. Derrick, Assistant United States Trustee, Nashville, TN, for the United States Trustee.

MEMORANDUM

GEORGE C. PAINE, II, Chief Judge.

This matter is before the court on the objections of Ramco-Gershenson Properties, L.P. (hereinafter "Ramco" or "landlord") to Service Merchandise Company, Inc.'s (hereinafter "debtors") notice regarding the proposed assignment of its lease for store number 533 in Novi, Michigan. Generally, Ramco argues that the debtor cannot make the proposed assignment to JLPK-Novi, LLC (hereinafter "JLPK") because it has failed...

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