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NOSTROMO, INC. v. FAHRENKROG

No. 18729.

388 F.2d 82 (1968)

NOSTROMO, INC., Appellant, v. Walter FAHRENKROG, Trustee of the Estate of Holiday Homes, Inc., Appellee.

United States Court of Appeals Eighth Circuit.

January 30, 1968.

Attorney(s) appearing for the Case

Stephen A. Hart, Jr., Davenport, Iowa, for appellant; Martin F. McCarthy, Davenport, Iowa, on the brief.

James R. Havercamp, Davenport, Iowa, for appellee.

R. Richard Bittner and Ronald L. Saylor, Davenport, Iowa, amici curiae.

Before VAN OOSTERHOUT, MATTHES and MEHAFFY, Circuit Judges.

MEHAFFY, Circuit Judge.

This appeal lies from a district court order sustaining an order of the referee in bankruptcy holding that the trustee had assumed an executory real estate contract within the terms prescribed by § 70(b) of the Bankruptcy Act, 11 U.S. C.A. § 110(b). We affirm.

An involuntary petition in bankruptcy was filed against Holiday Homes, Inc. on January 4, 1966, and said corporation was adjudicated a bankrupt on January 17, 1966....

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