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IN RE KIRKPATRICK

BAP No. EC 81-1399 EV As, BK No. 181-02863.

34 B.R. 767 (1983)

In re John C. KIRKPATRICK and Cheryl A. Kirkpatrick, Debtors. BAKERY, CONFECTIONERY AND TOBACCO WORKERS INTERNATIONAL UNION, AFL-CIO-CLC, LOCAL 85, Appellant, v. John C. KIRKPATRICK and Cheryl A. Kirkpatrick, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided October 7, 1983.

Attorney(s) appearing for the Case

Barry J. Bennett, Fresno, Cal., for appellant.

Brett Dorian, Fresno, Cal., for appellees.

Before ELLIOTT, VOLINN and ASHLAND, Bankruptcy Judges.

ELLIOTT, Bankruptcy Judge:

The Bakery, Confectionery and Tobacco Workers International Union, Local 85, appeals from an order approving rejection of its collective bargaining agreement with Kirkpatrick who operates a bakery in Fresno, California.

The issues, as framed by the Union, are: (1) has Kirkpatrick made a sufficient showing that the agreement was onerous and burdensome and (2) should Kirkpatrick be required to show that his rejection of the agreement...

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