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IN RE M & S AMUSEMENT ENTERPRISES

No. 1553.

122 F.Supp. 364 (1954)

In re M & S AMUSEMENT ENTERPRISES, Inc.

United States District Court D. Delaware.

June 28, 1954.

Attorney(s) appearing for the Case

Vincent A. Theisen and Aubrey B. Lank, Wilmington, Del., for debtor.

Clair J. Killoran, of Killoran & Van Brunt, Wilmington, Del., for Standard Bitulithic Co.

Albert W. James, of Morris, James, Hitchens & Williams, Wilmington, Del., for Hessler Realty Co.

Henry van der Goes, of Morris, James, Hitchens & Williams, Wilmington, Del., for Equitable Security Trust Co.

William L. Matz, Philadelphia, Pa., for Berlo Vending Co.

Leonard G. Hagner, U. S. Atty., and H. Newton White, Asst. U. S. Atty., Wilmington, Del., and William J. Hagan, Washington, D. C., for the United States.

Mrs. E. R. Perling (Creditor) for Editor of Wilmington Record, pro se.

LEAHY, Chief Judge.

Debtor in possession seeks instructions re rejection of an executory contract dated May 15, 1952, and supplemented October 28, 1952, with creditor Berlo Vending Company, which was a concessionaire of foodstuffs at Debtor's drive-in open-air motion picture theater. Petition for reorganization under Chapter X, 11 U.S.C.A. § 501 et seq., was filed on December 31, 1953. Before and since the filing of the petition, Debtor has not received cash...

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