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IN RE TITUS & McCONOMY, LLP

No. 03-25332 BM.

375 B.R. 165 (2007)

In re TITUS & McCONOMY, LLP, a Pennsylvania Limited Liability Partnership, formerly known as and/or also known as Titus & McConomy, a Pennsylvania General Partnership, Debtor. Titus & McConomy, LLP, a Pennsylvania Limited Liability Partnership, formerly known as and/or also known as Titus & McConomy, a Pennsylvania General Partnership, Movant, v. TrizecHahn Gateway, LLC, Respondent.

United States Bankruptcy Court, W.D. Pennsylvania.

September 21, 2007.

Attorney(s) appearing for the Case

Douglas Anthony Campbell, Ronald B. Roteman, Campbell & Levine, LLC, Pittsburgh, PA, for Debtor.

John P. Vetica, Jr., Coraopolis, PA, Neil H. Levin, for Respondent.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

TrizecHahn Gateway, LLP ("Trizec"), LLP, has filed a proof of claim in the amount of $3,274,037.99 for an alleged breach of a lease agreement by debtor Titus & McConomy ("T & M").

Debtor has objected to Trizec's proof of claim. According to debtor, Trizec's proof of claim is subject to the "cap" on a lessor's damages set forth at § 502(b)(6) of the Bankruptcy Code. The allowed amount...

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