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IN RE NICKELS MIDWAY PIER, LLC

Civ.A. No. 05-5514 (JEI), Bankruptcy No. 3-49462 (GMB).

341 B.R. 486 (2006)

In re NICKELS MIDWAY PIER, LLC, Debtor. Nickels Midway Pier, LLC, Appellant/Cross-appellee, v. Wild Waves, LLC, Appellee/Cross-appellant.

United States District Court, D. New Jersey.

April 24, 2006.

Attorney(s) appearing for the Case

Teich Groh, by Brian W. Hofmeister, Michael A. Zindler, Trenton, NJ, for Nickels Midway Pier, LLC.

Sherman, Silverstein, Kohl, Rose & Podolsky, by Fredric R. Cohen, Pennsauken, NJ, for Nickels Midway Pier, LLC.

Cozen O'Connor, by Arthur J. Abramowitz, Jerrold N. Poslusny, Jr., Cherry Hill, NJ, for Wild Waves, LLC.

OPINION

IRENAS, Senior District Judge.

This matter comes before the Court on the appeal of Debtor Nickels Midway Pier, LLC ("Nickels") and cross-appeal of Wild Waves, LLC ("Wild Waves"), from the Bankruptcy Court's order of September 14, 2005, authorizing Nickels to reject an executory contract with Wild Waves, pursuant to 11 U.S.C. § 365(a), and holding that Wild Waves is entitled to the protections set forth...

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