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IN RE AMES DEPT. STORES, INC.

Bankruptcy Nos. 01-42217(REG) to 01-42221(REG). 03 Civ. 2308(GEL).

302 B.R. 791 (2003)

In re AMES DEPARTMENT STORES, INC., et al., Debtor. Capital Commercial Properties, Inc., and Eden Center, Inc., Appellants, v. Ames Department Stores, Inc. and Ames Realty II, Inc., Appellees.

United States District Court, S.D. New York.

June 18, 2003.

Attorney(s) appearing for the Case

Donald E. Sharpe, Mark J. Friedman, Piper Rudnick, LLP, Baltimore, MD, for Appellants.

Mitchell R. Berger, Michael T. Wood, Patton Boggs, LLP, Washington, D.C., for Appellees.

OPINION AND ORDER

LYNCH, District Judge.

The judgment is affirmed on the thorough and scholarly opinion of the Bankruptcy Court, 288 B.R. 339, 339-51 (Bankr.S.D.N.Y.2003). Appellant does not dispute that under Virginia law, the question is how a reasonable landlord would have understood the tenant's intent. As the Bankruptcy Court rightly held, on the record of this case no reasonable factfinder could conclude that...

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