IN RE R.O.A.M., INC.

Bankruptcy No. 80-00844, Adv. No. 81-0006.

12 B.R. 481 (1981)

In re R.O.A.M., INC., dba Reno Joe's, Debtor. Johnny A. RIBEIRO, Jr., Plaintiff, v. R.O.A.M., INC., dba Reno Joe's, Defendant.

United States Bankruptcy Court, D. Nevada.

July 9, 1981.


Attorney(s) appearing for the Case

Walther, Key, Maupin, Oats, Cox, Lee & Klaich by Keith L. Lee, Reno, Nev., for plaintiff.

Chubb & Silverman by Janet L. Chubb, Sparks, Nev., for defendant.


ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

BERT GOLDWATER, Bankruptcy Judge.

On January 27, 1981, plaintiff filed an adversary action for relief from the automatic stay (11 U.S.C. 362) and assumption or rejection of an unexpired lease (11 U.S.C. 365). Defendant answered and moved for summary judgment.

On May 15, 1979, plaintiff and defendant entered into a partnership agreement forming R-T Enterprises. The purpose of the partnership was...

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