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IN RE COOK

Bankruptcy Nos. 85-05076 to 85-05078.

52 B.R. 558 (1985)

In re James K. COOK and Brenda L. Cook, d/b/a Cook Ranch and Cook Irrigation, Debtors. In re Joseph B. COOK and Jean M. Cook, d/b/a Cook Ranch and Cook Irrigation, Debtors. In re COOK ANGUS RANCH, a partnership, a/k/a Cook Ranch, Cook Irrigation, Joseph B. Cook and James Cook, partners, Debtors.

United States Bankruptcy Court, D. North Dakota.

August 6, 1985.

Attorney(s) appearing for the Case

Max Rosenberg, Bismarck, N.D., for debtor.

Arlen Ruff, Mandan, N.D., for FNL.

U.S. Trustee William Westphal, Minneapolis, Minn.

MEMORANDUM OPINION AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

First National Leasing, Inc. (FNL), by Motion filed April 25, 1985, seeks an order compelling the Debtors to assume or reject two irrigation equipment leases. The Motion is resisted by the Debtors who claim the leases are actually conditional sales contracts and as such should be treated as security instruments. A hearing was held before the undersigned on June 25, 1985. The facts may be stated...

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