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IN RE GREAT ATLANTIC & PACIFIC TEA CO., INC.

No. 12-CV-7629 (CS).

498 B.R. 19 (2013)

In re THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., et al., Reorganized Debtors. Hudson Energy Services, LLC, Appellant, v. The Great Atlantic & Pacific Tea Company, Inc., et al., Appellees.

United States District Court, S.D. New York.

September 16, 2013.

Attorney(s) appearing for the Case

Jeremy B. Reckmeyer , Andrews Kurth LLP, New York, NY, David A. Zdunkewicz , Andrews Kurth LLP, Houston, TX, for Appellant.

Paul M. Basta , Ray C. Schrock , Andrew M. Genser , Hunter Murdock , Nathaniel J. Kritzer , Kirkland & Ellis LLP, New York, NY, for Reorganized Debtors-Appellees.

OPINION AND ORDER

SEIBEL, District Judge.

Before the Court is the appeal of Hudson Energy Services, LLC ("Hudson") from the Bankruptcy Court's August 24, 2012 bench ruling and August 30, 2012 Order denying its request for administrative priority pursuant to 11 U.S.C. § 503(b)(9). (Bankr. Docs. 3952, 3953).1

For the reasons that follow, the Bankruptcy Court's Order is VACATED, and the case is REMANDED to the Bankruptcy...

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