Legal Opinion

Giant Eagle, Inc. v. Phar-Mor, Inc.

Court of Appeals for the Sixth Circuit

Decided May 19, 2008No. 06-4142, 06-4188PublishedCited by 5 opinions

1Opinion of the Court

OPINION

ALICE M. BATCHELDER, Circuit Judge.

This is an appeal from the district court’s review of a bankruptcy-court order in a Chapter 11 proceeding. Giant Eagle, as lessor, appeals the decision disallowing its claim for future-rent damages arising from a bankrupt lessee’s rejection of a lease for personal property, which was disallowed on the basis that a substitute lease for that property, if fulfilled, would have mitigated the claimed damages. Phar-Mor, as lessee, appeals the decision granting the lessor administrative expenses in the form of post-petition rent payments, from the petition…

2Cases cited15 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In Re Joseph A. Vause and Virgie L. Vause, Debtors. Joseph A. Vause and Virgie L. Vause v. Capital Poly Bag, Inc.Court of Appeals for the Sixth Circuit · 1989
  3. Oldden v. Tonto Realty CorporationCourt of Appeals for the Second Circuit · 1944
  4. Cucchi v. Rollins Protective Services Co.Supreme Court of Pennsylvania · 1990
  5. In Re at Home Corporation, a Delaware Corporation, Debtor. Pacific Shores Development, LLC v. At Home Corporation, Dba Excite at HomeCourt of Appeals for the Ninth Circuit · 2004

10 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Reinhardt v. Vanderbilt Mortgage and Finance, Inc.Court of Appeals for the Sixth Circuit · 2009
  2. In Re Double G Trucking of the Arlatex, Inc.United States Bankruptcy Court, W.D. Arkansas · 2010
  3. Thirteenth Floor Entertainment Center, LLC v. Louisville Galleria, LLCCourt of Appeals for the Sixth Circuit · 2012
  4. In re RobersonBankruptcy Appellate Panel of the Sixth Circuit · 2019
  5. Vanderbilt Mortgage and Finance v. Christopher ReinhardtCourt of Appeals for the Sixth Circuit · 2009

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