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IN RE SUMMIT LAND CO.

Bankruptcy No. 80-02538, Civ. No. 81-0122.

13 B.R. 310 (1981)

In re SUMMIT LAND COMPANY, a Utah Corporation, Debtor. SUMMIT LAND COMPANY, a Utah Corporation, Plaintiff, v. Earl ALLEN, et al., Defendants.

United States Bankruptcy Court, D. Utah.

August 18, 1981.

Attorney(s) appearing for the Case

Ray G. Martineau and James C. Swindler, Martineau, Rooker, Larsen & Kimball, Salt Lake City, Utah, for debtor.

Robert F. Orton and David F. Klomp, Marsden, Orton & Liljenquist, Salt Lake City, Utah, for defendants.

MEMORANDUM OPINION

RALPH R. MABEY, Bankruptcy Judge.

STATEMENT OF THE ISSUES AND FACTUAL BACKGROUND

This case raises the issues whether certain land sale contracts are rejectable under 11 U.S.C. Section 365(a), and if so, whether the buyers under such contracts are "in possession" of the real estate and therefore entitled to invoke the protection of 11 U.S.C. Section 365(i).1

Debtor, Summit Land Company, is...

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