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IN RE AT HOME CORP.

No. C-02-0045 VRW. Bankruptcy No. 01-32495-TC.

292 B.R. 195 (2003)

In re AT HOME CORPORATION, a Delaware Corporation, et al., Debtors. Pacific Shores Development, LLC, Appellant, v. At Home Corporation, Appellee.

United States District Court, N.D. California.

March 26, 2003.

Attorney(s) appearing for the Case

Ivan M. Gold, Brobeck, Phleger & Harrison, Nicholas B. Waranoff, William W. Huckins, Allen, Matkins, Leck, Gamble & Mallory, San Francisco, CA, for appellant.

Austin K. Barron, Brian M. Metcalf, Robert J. White, Suzzanne Uhland, Victoria Graff, O'Melveny Myers LLP, Los Angeles, CA, for appellee.

Margaret McGee, San Francisco, CA, Office of the United States Trustee, pro se.

Thomas E. Carlson, U.S. Bankruptcy Court for the Northern District of California, San Francisco, CA, pro se.

ORDER

WALKER, District Judge.

Appellant Pacific Shores Development, LLC, appeals the decision of the bankruptcy court below, which ordered debtor and appellee At Home Corporation's leases with appellant rejected effective nunc pro tunc to the date appellee filed its rejection motion. For the reasons detailed herein, the court AFFIRMS the decision below.

I

In February 2000, At Home leased two office buildings located in Redwood City

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