In Re Arizona Appetito's Stores, Inc.

893 F.2d 216 58 USLW 2418 , 19 Bankr.Ct.Dec. 1884 , Bankr. L. Rep. P 73,172 In re ARIZONA APPETITO'S STORES, INC., an Arizona corporation, Debtor. ARIZONA APPETITO'S STORES, INC., an Arizona corporation, Appellant, v. PARADISE VILLAGE INVESTMENT COMPANY, an Arizona limited partnership; Westcor Company Limited Partnership, Appellees. No. 88-15147. United States Court of Appeals, Ninth Circuit. Submitted June 27, 1989. * Decided Jan. 3, 1990. H.M. Bohlman, Tempe, Ariz., for appellant. Bryan A. Albue, Murphy & Posner, Phoenix, Ariz., for appellees. Appeal from the United States District Court for the District of Arizona. Before TANG, REINHARDT and WIGGINS, Circuit Judges. TANG, Circuit Judge: 1 Arizona Appetito's Stores, Inc. (Appetito's), a Chapter 11 debtor-in-possession, appeals the denial of its motion to assume a ground lease for nonresidential real property after having filed a motion to reject the lease. Appetito's contends that it could assume the lease even after the expiration of the sixty-day period set forth in 11 U.S.C. Sec. 365 (d)(4) because its motion to reject, filed within the sixty-day period, prevented the lease from being "deemed rejected" under 11 U.S.C.…