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IN RE PENN TRAFFIC CO.

Docket No. 07-1854-bk.

524 F.3d 373 (2008)

In re The PENN TRAFFIC COMPANY, et al., Reorganized Debtors. COR Route 5 Company, LLC, Appellant, v. The Penn Traffic Company, Debtor-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 29, 2008.

Attorney(s) appearing for the Case

C. MacNeil Mitchell, Winston & Strawn LLP (Justin E. Rawlins and Sarah L. Trum, on the brief), New York, NY, and Robert Kenneth Weiler, Green & Seifer, Attorneys, PLLC, Syracuse, NY, for Appellant.

Kelly A. Cornish, Paul, Weiss, Rifkind, Wharton & Garrison LLP (Allan Arffa and Ross B. Rosenfelt, on the brief), New York, NY, for Debtor-Appellee.

Before: MINER and WESLEY, Circuit Judges, SWAIN, District Judge.

SWAIN, District Judge:

This matter comes before us on the appeal of COR Route 5 Company, LLC ("COR" or "Appellant"), from a consent order of the United States District Court for the Southern District of New York (Buchwald, J.), affirming a stipulated bankruptcy court order authorizing the rejection of a supermarket construction, land sale and leaseback contract.1 An earlier appeal of Judge Buchwald's 2005 order affirming in part, reversing...

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