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IN RE CB HOLDING CORP.

No. 10-13683 (MFW).

448 B.R. 684 (2011)

In re CB HOLDING CORP., et al., Debtors.

United States Bankruptcy Court, D. Delaware.

April 27, 2011.

Attorney(s) appearing for the Case

Mark D. Collins, Esquire, Christopher M. Samis, Esquire, Tyler D. Semmelman, Esquire, Richards, Layton & Finger, P.A., Wilmington, DE, Joel H. Levitin, Esquire, Richard A. Stieglitz, Jr., Esquire, Maya Peleg, Esquire, Cahill Gordon & Reindel, LLP, New York, NY, for the Debtors.

Christopher Ward, Esquire, Shanti M. Katona, Esquire, Polsinelli Shughart PC, Wilmington, DE, for MBK Investments, LLC.

MEMORANDUM OPINION1

MARY F. WALRATH, Bankruptcy Judge.

The matter before the Court requires a determination whether a provision in a lease which required the Debtors to first offer to sell a liquor license associated with the premises to the landlord is an executory contract separate from the lease for which the landlord can require specific performance. For the reasons stated below, the Court concludes that the...

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