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MATTER OF COMMUNITY MEDICAL CENTER

No. 79-2114.

623 F.2d 864 (1980)

In the Matter of The COMMUNITY MEDICAL CENTER a/k/a All Souls' Hospital, Debtor, The Community Medical Center a/k/a All Souls Hospital, Debtor, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 19, 1980.

Attorney(s) appearing for the Case

Clifford W. Starrett, Schenck, Price, Smith & King, Morristown, N. J., for debtor-appellant.

Philip B. Papier, Jr., A Professional Corp., Princeton, N. J., for claimant-appellee.

Before ALDISERT, WEIS and HIGGINBOTHAM, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) February 11, 1980.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal from the allowance of a claim in a bankruptcy proceeding, we must pass upon the proper measure of damages for breach of an executory contract. Although charges would normally be assessed on the basis of services provided, the agreement in this case also contained a minimum monthly charge. We conclude that the debtor could satisfy its...

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