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IN RE AT HOME CORP.

No. 03-15769.

392 F.3d 1064 (2004)

In re AT HOME CORPORATION, a Delaware corporation, Debtor. Pacific Shores Development, LLC, Appellant, v. At Home Corporation, dba Excite at Home, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2004.

Attorney(s) appearing for the Case

Nicholas B. Waranoff, Allen, Matkins, Leck, Gamble & Mallory, San Francisco, CA, for the appellant.

Brian M. Metcalf, O'Melveny & Myers, Los Angeles, CA, for the appellee.

Before: CYNTHIA HOLCOMB HALL, MELVIN BRUNETTI, and GRABER, Circuit Judges.

GRABER, Circuit Judge:

In this appeal, we hold that a bankruptcy court may approve retroactively the rejection of an unexpired nonresidential lease. We adopt the First Circuit's conclusion in Thinking Machines Corp. v. Mellon Financial Services Corp. # 1 (In re Thinking Machines Corp.), 67 F.3d 1021, 1029 (1st Cir.1995): although rejection of an unexpired nonresidential lease does not take effect until court approval, "the...

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