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IN RE JESTER

Bankruptcy No. 3-82-01086, Adv. No. 3-82-0283.

31 B.R. 189 (1983)

In re Lynn A. JESTER, Debtor. The ESTATE OF Lynn A. JESTER, in Bankruptcy, By and Through Charles R. SIMPSON, III, Trustee, Plaintiff, v. Barbara FIRKINS, Lynn A. Jester, Defendants.

United States Bankruptcy Court, W.D. Kentucky.

April 25, 1983.

Attorney(s) appearing for the Case

Charles R. Simpson, III, trustee.

Mark Edison, Shepherdsville, Ky., for defendant Firkins.

William Stephen Reisz, Louisville, Ky., for debtor.

MEMORANDUM

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

Far from a weighty factual dispute or a complex legal issue, the instant case confronts us only with a need to lend legal interpretation to a contract document. Styled a "lease and purchase agreement", it must be construed to create either a lease or a purchase, but not both. The case brings to mind the parable of the peach, being plucked from the bin marked peaches and pears, which pleaded persuasively...

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