IN RE SUNSET MEMORIAL GARDENS, INC.

Bankruptcy No. 83-05629, Adv. No. 84-7158.

49 B.R. 817 (1985)

In re SUNSET MEMORIAL GARDENS, INC., a/k/a Sunset Memorial Gardens, Inc. of Fargo, Debtor. MEMORIAL ASSOCIATES, INC., a joint venture in the process of incorporation whose members are Boulger Funeral Home, Inc., a North Dakota corporation, Hanson-Runsvold, a North Dakota corporation, Ivers-Landblom Funeral Home, a North Dakota corporation, West Funeral Home, a proprietorship owned by William W. West, and Wright Funeral Home, Inc., a Minnesota corporation, Plaintiffs, v. SUNSET MEMORIAL GARDENS, INC., Defendant.

United States Bankruptcy Court, D. North Dakota.

May 22, 1985.


Attorney(s) appearing for the Case

Robert Feder, Fargo, N.D., for plaintiffs.

David T. DeMars, Fargo, N.D., for defendant.


MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

Plaintiffs, Memorial Associates, Inc., filed on December 7, 1984, a Complaint with the Court seeking specific performance of an alleged agreement reached between it and the Debtor, Sunset Memorial Gardens, Inc. Memorial Associates requests a mandatory injunction requiring the Debtor to execute a written contract embodying the agreement allegedly reached between the parties. Memorial Associates alternatively...

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