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IN RE ALCHAR HARDWARE CO., INC.

No. 84-5683. Non-Argument Calendar.

759 F.2d 867 (1985)

In re ALCHAR HARDWARE CO., INC. and Knight & Wall Co., Inc., Debtors. Jeanette E. TAVORMINA, Trustee, Plaintiff-Appellant v. Alan D. WEINER, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 6, 1985.

Attorney(s) appearing for the Case

Arthur S. Weitzner, Miami, Fla., for plaintiff-appellant.

Timothy J. Norris, Mershon, Sawyer, Johnston, et al., Miami, Fla., for defendant-appellee A. Weiner.

Before GODBOLD, Chief Judge, KRAVITCH and HATCHETT, Circuit Judges.

PER CURIAM:

The trustee in bankruptcy appeals a judgment in favor of Alan D. Weiner, lessor of debtor Alchar Hardware Company. We affirm in part and reverse in part.

The trustee first contends that the lease between Weiner and Alchar was unenforceable because it provided for an unrestricted right of termination. If so, this would defeat Weiner's claim under 11 U.S.C. §§ 365, 502(g) (1982) arising from the trustee's rejection of the lease. However...

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