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IN RE MONTGOMERY WARD, LLC

Bankruptcy No. 00-4667 RTL. CIV.A.02-368-JJF.

302 B.R. 478 (2003)

In re MONTGOMERY WARD, LLC, et al., Debtors. Montgomery Ward, LLC, Appellant, v. Western Land Props., Appellee.

United States District Court, D. Delaware.

March 28, 2003.

Attorney(s) appearing for the Case

Robert J. Dehney, Esquire, Derek C. Abbott, Esquire, Donna L. Harris, Esquire and Thomas W. Briggs, Esquire of Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware. Of Counsel: Kelley M. Griesmer, Esquire of Jones, Day, Reavis & Pogue, Columbus, Ohio, for Appellant.

Edward A. Tarlov, Esquire, William D. Sullivan, Esquire, and Charles J. Brown, III, Esquire of Elzufon, Austin, Reardon, Tarlov & Mondell, P.A., Wilmington, DE, for Appellee.

MEMORANDUM OPINION

FARNAN, District Judge.

Before the Court is an appeal by Montgomery Ward, LLC and its affiliates (collectively, the "Debtors") from the Order of the United States Bankruptcy Court for the District of Delaware entered on April 17, 2002, granting the Motion To Compel Payment Of Post-Petition Lease Obligations And Administrative Expenses Filed By Western Land Properties ("Western"). By their appeal, the Debtors contend that the Bankruptcy...

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