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IN RE CAPITOL FOOD CORP. OF FIELDS CORNER

No. 06-2327.

490 F.3d 21 (2007)

In re CAPITOL FOOD CORP. OF FIELDS CORNER, Debtor, Fields Station LLC., Appellant, v. Capitol Food Corp. of Fields Corner, Appellee.

United States Court of Appeals, First Circuit.

Decided June 6, 2007.

Attorney(s) appearing for the Case

John C. La Liberte, with whom Pamela Zorn Adams and Sherin and Lodgen LLP, were on brief, for appellant.

Andrew M. Osborne, with whom David J. Fonte and Osborne & Fonte, were on brief, for appellee.

Before BOUDIN, Chief Judge, CYR and STAHL, Senior Circuit Judges.

CYR, Senior Circuit Judge.

The corporate owner of commercial premises upon which its lessee sought to reorganize under chapter 11 and reopen as a food market appeals from the bankruptcy court judgment which denied the motion to dismiss the chapter 11 petition on the ground that it was not filed in good faith. We affirm.

I

In 1965, the Fields Station Realty Trust ("Fields Station") leased a commercial retail...

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