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IN RE SPORTSMAN'S WAREHOUSE, INC.

Case No. 09-10990 (CSS) Jointly Administered, Adv. Nos. 10-50818(CSS), 10-52913(CSS)

In re SPORTSMAN'S WAREHOUSE, INC., et al. Chapter 11, Reorganized Debtors. SPORTSMAN'S WAREHOUSE, INC., Plaintiff, v. McGILLIS/ECKMAN INVESTMENTS-BILLINGS, LLC, Defendant. McGILLIS/ECKMAN INVESTMENTS-BILLINGS, LLC, Plaintiff, v. SPORTSMAN'S WAREHOUSE, INC., Defendant.

United States Bankruptcy Court, D. Delaware,

February 7, 2013.

Attorney(s) appearing for the Case

RICHARDS LAYTON & FINGER, P.A. Russell C. Silberglied , Marcos A. Ramos Cory D. Kandestin 920 North King Street Wilmington, Delaware 19801

O'MELVENY & MYERS LLP Stephen H. Warren (Argued) Matthew W. Close Kelsey M. Larson 400 Hope Street Los Angeles, California 90071 Counsel for Sportsman's Warehouse, Inc.

MORRIS, NICHOLS, ARSHT & TUNNELL LLP Gregory W. Werkheiser (Argued) William M. Alleman, Jr. 1201 North Market Street Wilmington, DE 19899-1347

BLACKBURN & STOLL, LC Bryce D. Panzer , 257 East 200 South, Suite 800 Salt Lake City, Utah 84111 Counsel for McGillis/Eckman Investments-Billings, LLC

OPINION

CHRISTOPHER S. SONTCHI, Bankruptcy Judge.

INTRODUCTION

This is a case of contract interpretation.

Under a pre-petition lease between landlord and debtor/tenant, debtor was required to purchase the leased property "on or before the Initial Term Expiration Date of December 25, 2008." Debtor failed to purchase the property by that deadline but remained in possession of the property on a...

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