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IN RE AMES DEPT. STORES, INC.

Bankruptcy No. 01-42217 (REG). Adversary. No. 04-2829.

316 B.R. 772 (2004)

In re AMES DEPARTMENT STORES, INC., et al., Debtor. Hannaford Bros. Co., Plaintiff, v. Ames Department Stores, Inc., Ames Realty II, Inc., The Stop & Shop Supermarket Co. LLC, Vickerry Realty Co. Trust, and Coliseum Vickerry Realty Co. Trust, Defendant.

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

October 14, 2004.

Attorney(s) appearing for the Case

Pierce Atwood, by Jacob A. Manheimer, (argued), Portland, ME, for plaintiff.

White & Case, by Felix J. Lopez (argued), Frank L. Eaton, Miami, FL, for defendant.

Weil, Gotshal & Manges LLP, by Timothy Karcher, (argued), New York, NY, for debtor-defendant.

Posternak, Blankstein & Lund LLP, by Robert 0. Resnick, (argued), Boston, MA, for nominal defendants.

Otterbourg, Steindler, Houston & Rosen, P.C., by Todd M. Goren (argued), New York, NY, for the Official Committee of Unsecured Creditors.

DECISION ON MOTION FOR SUMMARY JUDGMENT

ROBERT E. GERBER, Bankruptcy Judge.

This adversary proceeding arises under the umbrella of the jointly administered chapter 11 cases of debtor Ames Department Stores and its affiliates ("Ames"), one of the defendants in this action. A second defendant, the Stop & Shop Supermarket Company ("Stop & Shop") acquired the right, by earlier order of this Court, to take over Ames's tenant interest in the lease...

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