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

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

14 B.R. 963 (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.

November 4, 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.

OPINION AND DECISION

BERT M. GOLDWATER, Bankruptcy Judge.

This is an action by a landlord to vacate the automatic stay or, in the alternative, for assumption of a sublease covering the foyer of a restaurant and payment of rent. The defendant-debtor has counterclaimed for damages against the landlord-plaintiff arising out of the restaurant lease between the same parties.

Plaintiff (Ribeiro) and defendant (Joe's) entered into a sublease for a restaurant...

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