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IN RE J.R. ELKINS, INC.

Bankruptcy No. 181-12593-260.

27 B.R. 862 (1983)

In re J.R. ELKINS, INC., Debtor.

United States Bankruptcy Court, E.D. New York.

February 27, 1983.

Attorney(s) appearing for the Case

Robert P. Herzog, New York City, for debtor.

Siegel, Sommers & Schwartz by Chauncey H. Levy, New York City, for the Creditors' Committee.

Lane & Mittendorf by James L. Marketos, Stephen J. King, New York City, for Ohio Ferro-Alloys Corp.

Hahn & Hessen by George Hahn and Isaac Nutovic, New York City, for Security Pacific Business Credit, Inc. and Lazere Financial Corp.

John Marshall, Local Union President, Brooklyn, N.Y., pro se.

DECISION AND ORDER

CONRAD B. DUBERSTEIN, Bankruptcy Judge.

The motion by the debtor, J.R. Elkins, Inc., to reject a collective bargaining agreement with the United Steel Workers of America—AFL/CIO, Local 6752, pursuant to § 365 of the Bankruptcy Code is granted. This decision was reached by applying the "balancing of equities" test originally formulated in the pre-Bankruptcy Code era in Shopmen's Loc. U. No. 455, etc. v. Kevin Steel Prod....

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