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IN RE S & F CONCESSION, INC.

Bankruptcy No. 85-03756G, Adv. No. 85-0909G.

55 B.R. 689 (1985)

In re S & F CONCESSION, INC., Debtor. David FELD, Plaintiff, v. S & F CONCESSION, INC. and Fred Zimmerman, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

December 23, 1985.

Attorney(s) appearing for the Case

Michael G. Neri, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for plaintiff, David Feld.

Paul B. Maschmeyer, Melvin Lashner Associates, Philadelphia, Pa., for defendants, Fred Zimmerman, Trustee of S & F Concession, Inc.

Fred Zimmerman, Pennsauken, N.J., Trustee.

OPINION

EMIL F. GOLDHABER, Chief Judge:

This is an issue of first impression in this district. The query presented under 11 U.S.C. § 365(d)(3) of the Bankruptcy Code ("the Code") as added by the Bankruptcy Amendments and Federal Judgeship Act of 1984 ("the 1984 Act") is whether the debtor, as a tenant of a parcel of nonresidential real property, may be compelled to pay immediately all postpetition rental obligations...

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