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IN RE MONTGOMERY WARD, LLC

Nos. 09-1735, 09-1736, 09-1745, 09-1746.

634 F.3d 732 (2011)

In re MONTGOMERY WARD, LLC, et al., Debtors, Dika-Ward LLC, Appellant. In re Montgomery Ward, LLC, et al., Debtors, Plan Administrator of Montgomery Ward, LLC; PA Comm. of Montgomery Ward, LLC, Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed March 9, 2011.

Attorney(s) appearing for the Case

Theodore J. Tacconelli, Esquire , Ferry, Joseph & Pearce, Wilmington, DE, David K. Welch, Esquire (Argued), Crane, Heyman, Simon, Welch & Clar, Chicago, IL, for Appellant.

Daniel B. Butz, Esquire , Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Richard S. Kanowitz, Esquire , Brent I. Weisenberg, Esquire (Argued), Cooley, New York, NY, for Appellee.

Before: JORDAN, ROTH and TASHIMA, Circuit Judges.

OPINION

ROTH, Circuit Judge:

Dika-Ward filed a proof of claim in Montgomery Ward's second bankruptcy proceeding for amounts allegedly due under a mortgage and a lease. The Bankruptcy Court, ruling on the parties' motion and cross motion for summary judgment, held that (1) Montgomery Ward was not personally liable under the mortgage, (2) Montgomery Ward had no liability for common area maintenance expenses under the lease, and (3) Montgomery Ward's Plan Administrator...

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