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IN RE T.R. ACQUISITION CORP.

No. 02 CV 8487(GEL). Bankruptcy No. 95 B 41322(PCB). Adversary No. 99/8216A.

309 B.R. 830 (2003)

In re T.R. ACQUISITION CORP., f/k/a T. Roma Acquisition Corp., d/b/a Texas Grill, formerly d/b/a Tony Roma's, A Place for Ribs, Debtor. Hanover Direct, Inc., Plaintiff-Appellee, v. T.R. Acquisition Corp., as Debtor and Debtor-In-Possession, Defendant, and Marx Realty & Improvement Co., Inc., Defendant-Appellant.

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

August 8, 2003.

Attorney(s) appearing for the Case

Edward J. Schwarz, New York City, for Defendant-Appellant.

Kenneth M. Block, Melanie Finkel, Brown, Raysman, Millstein, Felder & Steiner LLP, New York City, for Plaintiff-Appellee.

OPINION AND ORDER

LYNCH, District Judge.

This is an appeal from an order and judgment entered by the United States Bankruptcy Court in the Southern District of New York (Prudence Carter Beatty, B.J.) on September 5, 2002, denying defendant-appellant's motion for summary judgment, granting plaintiff-appellee's crossmotion for summary judgment, and directing defendant-appellant to return to plaintiff-appellee the sum of $155,538.00 in overpaid rent...

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