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IN RE KDT INDUSTRIES, INC.

Bankruptcy Nos. 82 B 11453 to 82 B 11515, Adv. No. 82-6136-A.

30 B.R. 252 (1983)

In re KDT INDUSTRIES, INC. f/k/a King's Department Stores, Inc. d/b/a King's, Barker's, Kens, Coronet Cosmetics, Barkleigh, Mammoth Mart, Debtors, NET REALTY HOLDING TRUST, Plaintiff, v. KING'S-MAMMOTH, INC., Defendant.

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

May 16, 1983.

Attorney(s) appearing for the Case

Baron & Gleich, Great Neck, N.Y., for plaintiff; Stephen B. Gleich, Great Neck, N.Y., of counsel.

Goulston & Storrs P.C., Boston, Mass., for defendant; James F. O'Brien, Boston, Mass., of counsel.

DECISION ON SUMMARY JUDGMENT MOTION (STORE # 226)

PRUDENCE B. ABRAM, Bankruptcy Judge.

The complaint in this adversary proceeding was filed on September 26, 1982. The plaintiff, Net Realty Holding Trust ("Net Realty"), is the owner of the Tri-City Shopping Center, Somersworth, New Hampshire, in which defendant King's-Mammoth, Inc. ("King's") Store # 226 is located. The plaintiff seeks

"An order vacating the stay to permit plaintiff to terminate...

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