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IN RE DBSI, INC.

No. 08-12687 (PJW).

405 B.R. 698 (2009)

In re DBSI, INC., et al., Debtors.

United States Bankruptcy Court, D. Delaware.

May 28, 2009.

Attorney(s) appearing for the Case

James L. Patton, Jr., Michael R. Nestor, Joseph M. Barry, Robert F. Poppiti, Jr., Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, for Debtors and Debtors in Possession.

Tobey M. Daluz, Ballard Spahr Andrews Ingersoll, LLP, Wilmington, DE, Martin P. Pelster, Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, L.L.C., Omaha, NE, for TD Ameritrade Service Company and TD Ameritrade Holding Corporation.

Neil B. Glassman, Charlene D. Davis, Jamie L. Edmonson, Bayard, P.A., Wilmington, DE, James Waggoner, Timothy M. Dozois, Nicholas Kampars, Davis Wright Tremaine, Portland, OR, for ACI Omaha TIC Owners.

MEMORANDUM OPINION

WALSH, District Judge.

This opinion is with respect to the motion of DBSI Housing, Inc. ("DBSI Housing") to assume and assign the lease of the commercial office building located at 330 S. 108th Avenue in Omaha, Nebraska, commonly referred to as the "ACI Building." (Doc. #1135.) The lessee of the ACI Building, TD Ameritrade Services Company ("TD Ameritrade"), objects to the assumption and assignment. (Doc. # 1187 and 1607.) For the reasons...

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