United States Third Circuit

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In re: Montgomery Ward, LLC v. Dika-Ward LLC, 09-1735

In a bankruptcy proceeding, district court judgment is affirmed in part and vacated in part where:1) plaintiff was not personally liable under a mortgage obligation, 2) plaintiff had no liability for common area maintenance expenses under a negotiated lease, and 3) Plan Administrator was not precluded from challenging the validity of lease as barred by res judicata.

Appellate Information

  • Decided 03/09/2011
  • Published 03/09/2011


  • ROTH


  • United States Third Circuit