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IN RE KMART CORP.

No. 02 B 02474.

290 B.R. 614 (2003)

In re KMART CORPORATION, et al., Debtors.

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

January 23, 2003.

Attorney(s) appearing for the Case

Gary E. Green, William Kent Carter, Coston & Lichtman, Chicago, IL, for CIT Financial USA, Inc.

John Wm. Butler, Jr., J. Eric Ivester, Mark A. McDermott, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for debtors.

MEMORANDUM OPINION

SUSAN PIERSON SONDERBY, Bankruptcy Judge.

This matter comes before the Court on the Motion of CIT Financial USA, Inc. ("CIT") for a Court Order Compelling Debtor-in-Possession to Assume or Reject the Licensing Agreement and for Administrative Claim.

I.

BACKGROUND

Kmart Corporation ("Kmart") and 37 of its affiliates filed voluntary petitions under chapter 11 of title 11 of the United States Code...

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