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IN RE DAIRY MART CONVENIENCE STORES, INC.

No. 01-42400(AJG).

302 B.R. 128 (2003)

In re DAIRY MART CONVENIENCE STORES, INC., et al., Debtors.

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

January 3, 2003.

Attorney(s) appearing for the Case

Dennis F. Dunne, Douglas W. Henkin, Lena Mandel, Susheel Kirpalani, Milbank, Tweed, Hadley & McCloy LLP, Ira S. Dizengoff, Akin, Gump, Strauss, Hauer & Feld, LLP, New York City, for Debtor.

Julienne K. Goldfine, Robert Joel Feinstein, Pachulski, Stang, Ziehl, Young, Jones & Weintraub P.C., Paul Kenan Schwartzberg, Office of the United States Trustee, New York City, for Trustees.

ORDER GRANTING MOTION TO RECLASSIFY CERTAIN CLAIMS AS GENERAL UNSECURED CLAIMS

ARTHUR J. GONZALEZ, Bankruptcy Judge.

On September 24, 2001, Dairy Mart Convenience Stores, Inc. ("Dairy Mart") and substantially all of its subsidiaries (collectively, the "Debtors") filed petitions for relief under title 11 of the United States Code (the "Bankruptcy Code"). Pre-petition, Dairy Mart, as borrower, together with a group of banks, whose agent was Citizens Bank...

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