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SPECK v. FIRST NAT. BANK OF SIOUX FALLS

No. CIV85-3055.

62 B.R. 61 (1985)

Donald W. SPECK, Sr. and Joan L. Speck, d/b/a Farmer, SSN xxx-xx-xxxx and SSN xxx-xx-xxxx, Defendants/Appellants, v. FIRST NATIONAL BANK OF SIOUX FALLS, Plaintiff/Appellee.

United States District Court, D. South Dakota, C.D.

October 9, 1985.

Attorney(s) appearing for the Case

Robert E. Hayes, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., for plaintiff/appellee.

Max A. Gors, Mark Smith, Gors, Braun, Carlon, Smith & Zastrow, Pierre, S.D., for defendants/appellants.

ORDER

DONALD J. PORTER, Chief Judge.

Debtors have appealed from an order of the bankruptcy court, dated July 3, 1985, 50 B.R. 307, which held that the debtors' contract for sale of land with First National Bank is an executory contract and must be assumed or rejected under § 365 of the Bankruptcy Code. 11 U.S.C. § 365 (1982). The parties agree that the question of whether a contract for deed is an executory contract...

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