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IN RE NICKELS MIDWAY PIER, LLC

Civil Action No. 06-5230(JEI). Bankruptcy No. 03-49462(GMB).

372 B.R. 218 (2007)

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

United States District Court, D. New Jersey.

August 2, 2007.

Attorney(s) appearing for the Case

Teich Groh, by Brian W. Hofmeister, Michael A. Zindler, Trenton, NJ, 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 28, 2006. For the reasons that follow, the Court will affirm in part, and vacate and remand in part, the Bankruptcy Court's order.

I.

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