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GIANT EAGLE, INC. v. PHAR-MOR, INC.

Nos. 06-4142, 06-4188.

528 F.3d 455 (2008)

GIANT EAGLE, INC., et al., Appellants/Cross-Appellees, v. PHAR-MOR, INC., Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 19, 2008.

Attorney(s) appearing for the Case

ARGUED: Darlene M. Nowak, Marcus & Shapira, LLP, Pittsburgh, Pennsylvania, for Appellants. Michael A. Gallo, Nadler, Nadler & Burdman, Co., L.P.A., Youngstown, Ohio, for Appellee. ON BRIEF: Darlene M. Nowak, Marcus & Shapira, LLP, Pittsburgh, Pennsylvania, for Appellants. Michael A. Gallo, Nadler, Nadler & Burdman, Co., L.P.A., Youngstown, Ohio, for Appellee.

Before: NORRIS, BATCHELDER, and GIBBONS, Circuit Judges.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

This is an appeal from the district court's review of a bankruptcy-court order in a Chapter 11 proceeding. Giant Eagle, as lessor, appeals the decision disallowing its claim for future-rent damages arising from a bankrupt lessee's rejection of a lease for personal property, which was disallowed on the basis that a substitute lease for that property, if fulfilled, would have mitigated the claimed damages. Phar-Mor...

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