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MATTER OF HUCKNALL

Bankruptcy No. 79-1034.

2 B.R. 382 (1980)

In the Matter of John P. HUCKNALL, Debtor. Janice S. BIRNBAUM and Saul I. Birnbaum, as Co-Executors of the Estate of Bernard P. Birnbaum, and Saul I. Birnbaum, Individually, Plaintiffs, v. John P. HUCKNALL, Individually and as Debtor-In-Possession, Defendant.

United States Bankruptcy Court, W.D. New York.

February 15, 1980.

Attorney(s) appearing for the Case

Relin & Goldstein by Lloyd H. Relin, Rochester, N.Y., for plaintiffs.

John A. Belluscio, Rochester, N.Y., for defendant.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

This is an action to lift the stay under 11-44(d) or in the alternative to return the premises to the plaintiffs who are landlords of the defendant.

The facts are as follows. The defendant is an insurance agent who rented the premises in question from the plaintiffs for a term of five years commencing on or about November 1, 1977. Prior to this, the premises had been an A&P store. The...

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