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MATTER OF NATIONAL SHOES, INC.

Bankruptcy No. 80-B-12136.

20 B.R. 51 (1982)

In the Matter of NATIONAL SHOES, INC., trading as "National Shoes", "Mary Jane Shoes", "Delton's", "A.S. Beck", "Grandstand", "Joffrey" and "Crosby", Debtor.

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

April 26, 1982.

Attorney(s) appearing for the Case

Leinwand, Maron, Hendler & Krause, New York City, for debtor; Robert Leinwand, New York City, of counsel.

Bruce H. Roswick, New York City, for Landlords.

Gelberg & Abrahms, New York City, for Creditors' Committee; Burton S. Weston, New York City, of counsel.

OPINION

ROY BABITT, Bankruptcy Judge:

This dispute between National Shoes, Inc. (National or debtor), a debtor under Chapter 11 of the 1978 Bankruptcy Code since December 11, 1980, and two of its landlords, primarily involves the reach of Section 365 of that statute, 11 U.S.C. § 365 (Supp. IV 1980), which treats executory contracts and unexpired leases in bankruptcy.1

The dispute is bottomed on the desire of the...

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