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IN RE SCRAP DISPOSAL, INC.

BAP No. 81-1017-EVH, Bankruptcy No. 80-01270-M.

15 B.R. 296 (1981)

In re SCRAP DISPOSAL, INC., a California corporation, Debtor. PECK IRON AND METAL COMPANY, INC., Appellant, v. SCRAP DISPOSAL, INC. and Official Creditors' Committee, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided October 28, 1981.

Attorney(s) appearing for the Case

Fletcher W. Paddison, Miller, Boyko & Bell, San Diego, Cal., for appellant.

Victor A. Vilaplana, Gray, Cary, Ames & Frye, San Diego, Cal., for appellees.

Before ELLIOTT, VOLINN and HUGHES, Bankruptcy Judges.

MEMORANDUM

The appellant, Peck Iron and Metal Company, Inc. appeals from an order authorizing the debtor, Scrap Disposal, Inc., to assume an executory contract. PECK is SCRAP's landlord and the executory contract involved is an option to purchase the leased real estate.

Because the order appealed from is not supported by findings of fact, and because the pending trial in the Bankruptcy Court between the same parties for declaratory relief may moot the issues...

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