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MATTER OF COX

Bankruptcy No. 82-01598.

28 B.R. 588 (1983)

In the Matter of Charles COX, Debtor.

United States Bankruptcy Court, D. Idaho.

April 1, 1983.

Attorney(s) appearing for the Case

Charles M. Dodson of Dodson & Rude, Coeur d'Alene, Idaho, for the Jensens.

Richard W. Sweney of Anson & Sweney, Coeur d'Alene, Idaho, for trustee.

MEMORANDUM DECISION

MERLIN S. YOUNG, Bankruptcy Judge.

This matter is before the court upon the motion of a vendor in a real estate sales contract to require the trustee of the debtor vendee's estate to assume or reject the real estate contract. Trustee takes the position that the contract is not an executory contract subject to the provisions of § 365 of the Bankruptcy Code.

The contract in question is a typical contract frequently used in...

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