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IN RE FBI DISTRIBUTION CORP.

No. 02-2054.

330 F.3d 36 (2003)

In re: FBI DISTRIBUTION CORP., f/k/a Filene's Basement, Inc.; FBC Distribution Corp., f/k/a Filene's Basement Corp., Debtors. Kathleen Mason, Appellant, v. Official Committee of Unsecured Creditors, for FBI Distribution Corp. and FBC Distribution Corp., Appellee.

United States Court of Appeals, First Circuit.

Decided May 27, 2003.

Attorney(s) appearing for the Case

Robert M. Trien, with whom Victor G. Milione, P.C., and Nixon Peabody, LLP, were on brief, for appellant.

Ronald R. Sussman, with whom Christopher A. Jarvinen, Kronish, Lieb, Weiner & Hellman, LLP, Joseph S.U. Bodoff, and Bodoff & Associates, were on brief, for appellees.

Before TORRUELLA, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.

STAHL, Senior Circuit Judge.

This case requires us to decide whether the Chapter 11 debtor in possession must pay in excess of $1.2 million in severance pay, pursuant to the terms of two prepetition contracts, as an administrative expense to an executive who was terminated after rendering postpetition services. We affirm the bankruptcy court's grant of summary judgment, denying administrative priority status to the executive's claim.

I

On May 17...

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