In re: KMART CORPORATION, et al., Debtors.

Case No. 02-02474, (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
August 24, 2004

Gwendolyn A. de Jongh, Senior Attorney — Employment Law, Kmart Corporation, Troy, Michigan.

Charles W. Gilligan, Attorney for Claimant, Law Offices of O’Donoghue O’Donoghue, Washington, DC.

AGREED ORDER RESOLVING EMPLOYMENT CLAIM NUMBER 43091
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the employment claim (the “Employment Claim”) filed by Carolyn McKenzie (the “Claimant”), represented by claim number 43091; and Kmart Corporation and its affiliates (“Kmart”) having filed an objection to the Employment Claim; and the Court being advised that Claimant and Kmart have resolved the Employment Claim; and that the Claimant warrants that they have the full legal right to resolve and compromise the Employment Claim and to the knowledge of Claimant, no other interested party has filed any other proofs of claim related to the Employment Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby

ORDERED that the Employment Claim shall be allowed as a general unsecured priority claim in the agreed amount of $4,650.00 (Four Thousand Six Hundred and Fifty Dollars), which shall be satisfied in accordance with the terms of Kmart’s First Amended Joint Plan of Reorganization; and it is further

ORDERED that Claimant and any past, present or future assignee, designee or successor in interest thereto, are forever barred from asserting, collecting, or seeking to collect any claims against each other or its successors and assigns relating in any way to the Employment Claim, and it is further

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ORDERED that, except as otherwise indicated hereinabove, all persons who received notice are forever barred from asserting collecting or seeking to collect any claim or administrative expense amount in addition to the amounts set forth herein with respect to the Employment Claim.

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