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IN RE MESA REFINING INC.

Bankruptcy Nos. 85 B 01027 M to 85 B 01029 M.

52 B.R. 359 (1985)

In re MESA REFINING INC., Gary Refining Company, Inc., Gary Refining Company, Debtors.

United States Bankruptcy Court, D. Colorado.

September 4, 1985.

Attorney(s) appearing for the Case

Glenn Merrick, Denver, Colo., for Colorado Nat. Leasing.

Vicki S. Porter, Denver, Colo., for debtors.

ORDER DENYING MOTION TO COMPEL ASSUMPTION OR REJECTION OF LEASE

JOHN F. McGRATH, Bankruptcy Judge.

Colorado National Leasing, Inc. (CNL) has moved this Court to compel debtor Gary Refining Company (Gary) to assume or reject an unexpired lease between them and for adequate protection. Gary responded, asserting that the lease was in fact a security agreement and was, therefore, not an executory contract or unexpired lease subject to assumption or rejection...

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