MEMORANDUM OPINION
WILLIAM A. HILL, Bankruptcy Judge.
This matter is before the Court on the Defendant's Motion for Summary Judgment filed on December 6, 1982, and brought pursuant to Rule 756 of the Rules of Bankruptcy Procedure. The Plaintiff-Trustee has cross appealed for summary judgment, conceding there to be no genuine issue of fact.
On January 25, 1980, the Debtor leased retail space from the Defendant in Dakota Square Shopping Center in Minot...
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