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IN RE SIXTEEN TO ONE MINING CORP.

Bankruptcy No. LV-79-931, Adv. No. 80-0026.

9 B.R. 636 (1981)

In re SIXTEEN TO ONE MINING CORP., a Nevada Corporation, Debtor. ORIGINAL SIXTEEN TO ONE MINE, INC., a California Corporation, Plaintiff, v. SIXTEEN TO ONE MINING CORP., a Nevada Corporation, Defendant.

United States Bankruptcy Court, D. Nevada.

February 12, 1981.

Attorney(s) appearing for the Case

Lionel, Sawyer & Collins, Reno, Nev., for plaintiff.

Mark Hamilton Salyer, Marysville, Cal., for defendant.

Jones & Holt, Las Vegas, Nev., for creditors.

OPINION AND DECISION

BERT M. GOLDWATER, Bankruptcy Judge.

This is an action by a lessor to have a mining lease declared terminated and not property of the estate of a Chapter 11 debtor. Notice of termination was given by the lessor after the filing of the case for failure to operate the mine both before and after filing for reorganization.

The plaintiff as lessor entered into a mining lease with one Sapp in October 1974, which lease was thereafter...

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