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IN RE TRAK AUTO CORP.

No. 03-1136.

367 F.3d 237 (2004)

In re: TRAK AUTO CORPORATION, Debtor. Trak Auto Corporation, d/b/a Grundy Auto, d/b/a Twin B Auto, Plaintiff-Appellee, Congress Financial Corporation (Center); A & E Stores, Incorporated, Intervenors-Appellees, v. West Town Center LLC, Defendant-Appellant, and United States Trustee, Trustee. International Council of Shopping Centers, ICSC, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 22, 2004.

Attorney(s) appearing for the Case

ARGUED: Matthew Ward Schlegel, Kupelian, Ormond & Magy, P.C., Southfield, Michigan, for Appellant. Peter Gilbert Zemanian, Willcox & Savage, P.C., Norfolk, Virginia, for Appellees. ON BRIEF: Paul K. Campsen, J. Ellsworth Summers, Jr., Kaufman & Canoles, P.C., Norfolk, Virginia, for Appellant. James T. Lloyd, Jr., Trapani, Bernard & Lloyd, Norfolk, Virginia; John C. McLemore, Tinkham & Mclemore, Norfolk, Virginia, for Appellees. Thomas J. Lease, Dustin P. Branch, Katten, Muchin, Zavis & Rosenman, Los Angeles, California, for Amicus Curiae.

Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.

Reversed and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge WILKINSON and Judge SHEDD joined.

OPINION

MICHAEL, Circuit Judge:

A Chapter 11 debtor-tenant sought to assign its shopping center lease in contravention of a provision that limits use of the premises to the sale of auto parts. The bankruptcy and district courts approved the assignment, and the lessor and owner of the shopping center appeals. We are asked to...

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