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IN RE AMES DEPT. STORES, INC.

Bankruptcy No. 01-42217 (REG). Adversary No. 04-3072.

320 B.R. 518 (2005)

In re AMES DEPARTMENT STORES, INC., et al., Debtor. NWL Holdings, Inc., Plaintiff, v. Eden Center, Inc., Defendant.

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

February 23, 2005.

Attorney(s) appearing for the Case

Kasowitz Benson Torres & Friedman, by David S. Rosner, Howard W. Schub, Alan Lungen, New York City, for plaintiffappellee NWL Holdings, Inc.

Kelley Drye & Warren LLP, by James S. Carr, Ann H. Pak, New York City, for defendant-appellant Eden Center, Inc.

Wiley Rein & Fielding LLP, by Dylan G. Trache, McLean, VA, for defendantappellant Eden Center, Inc.

Weil Gotshal & Manges LLP, by Timothy Q. Karcher, New York City, for interested party Ames Department Stores, Inc.

White & Case, Wachovia Financial Center by Frank L. Eaton, Miami, FL, for interested party Stop & Shop.

DECISION AND ORDER ON OBJETION TO INCLUSION OF SUPLEMENTAL MATERIALS DEIGNATED FOR RECORD ON APPEAL

ROBERT E. GERBER, Bankruptcy Judge.

Plaintiff-appellant NWL Holdings, Inc. ("NWL") and Defendant-appellant Eden Center, Inc. ("Eden") differ with respect to whether litigation papers in a related dispute, which were never shown to or put before this Court before the entry of the injunction that is the subject of the...

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