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IN RE PRESTON

Bankruptcy No. 384-01048, Adv. No. 385-0048.

53 B.R. 589 (1985)

In re E.J. PRESTON, Debtor, Robert H. WALDSCHMIDT, Trustee, Plaintiff, v. METROPOLITAN LINCOLN-MERCURY, INC., Defendant.

United States Bankruptcy Court, M.D. Tennessee.

September 4, 1985.

Attorney(s) appearing for the Case

Margaret J. Heath, Cosner & Waldschmidt, Nashville, Tenn., for plaintiff.

Paul Rice, Bone & Crawford, Nashville, Tenn. for defendant.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether a prepetition agreement for the sale of the debtor's car dealership is an executory contract where the debtor remains obligated to indemnify the purchaser and the purchaser remains obligated to supply the debtor with free cars. Applying the test set forth by the Court of Appeals for this circuit in Sloan v. Hicks (In re Becknell &...

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