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IN RE KMART CORP.

Bankruptcy No. 02 B 02474, Adversary No. 02 A 00814, No. 03 C 0098.

297 B.R. 525 (2003)

In re KMART CORPORATION, et al., Debtors. Shanri Holdings Corp., Appellant, v. Kmart Corporation, Appellee.

United States District Court, N.D. Illinois, Eastern Division.

August 27, 2003.

Attorney(s) appearing for the Case

Synde B. Keywell, Neal, Gerber & Eisenberg, David Michael Neff, Deborah Michelle Gutfeld, Piper Rudnick, Chicago, IL, for appellant.

William John Barrett, Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, David E. Springer, Charles F. Smith, Jr., John Wm. Butler, Jr., Victoria Aisen Birov, Rebecca M. Girsch, Christopher P. Connors, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for appellee.

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

This matter is before the court on appeal from a dismissal by the bankruptcy court, with prejudice, for failure to state a claim upon which relief could be granted. For the reasons stated herein, the instant case is remanded to the bankruptcy court for action consistent with this opinion.

FACTS

On November 27, 1997, Shanri Holdings...

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