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IN RE NICKELS MIDWAY PIER, LLC

Civil Action No. 07-1990(JEI), Bankruptcy No. 03-49462(GMB).

383 B.R. 595 (2008)

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.

March 17, 2008.

Attorney(s) appearing for the Case

Teich Groh by Brian W. Hofmeister, 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.

Ford, Flower & Hasbrouck by Willis F. Flower, Linwood, 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 March 6, 2007. For the reasons that follow, the Court will affirm the Bankruptcy Court's order.

I.

The background facts of this case have been recited in previous opinions of this Court, and various opinions of the Bankruptcy...

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