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IN RE BEKER INDUSTRIES CORP.

Bankruptcy No. 85 B 11709-10.

64 B.R. 890 (1986)

In re BEKER INDUSTRIES CORP. and Beker Phosphate Corporation, Debtors.

United States Bankruptcy Court, S.D. New York.

August 5, 1986.

Attorney(s) appearing for the Case

Kronish, Lieb, Weiner & Hellman by William J. Rochelle, III, New York City, for debtors.

Dewey, Ballentine, Bushby, Palmer and Wood by Martin Domb, New York City, for Western Co-operative Fertilizers (U.S.) Inc.

Kramer, Levin, Nessen, Kamin & Frankel by Burton S. Weston, New York City, Special Counsel for Western Co-operative Fertilizers (U.S.) Inc.

Rosenman Colin Freund Lewis & Cohen by Paul L. Bindler, New York City, for the Official Debenture Holders' Committee.

Stroock & Stroock & Lavan by Bonnie Schindel, New York City, for the Official Unsecured Creditors' Committee.

Bishop, Liberman & Cook by David Strumwasser, New York City, for the Official Equity Holders' Committee.

DECISION

HOWARD C. BUSCHMAN III, Bankruptcy Judge.

Western Co-operative Fertilizers (U.S.) Inc. ("WCFL"), individually and on behalf of a partnership, seeks an order from this Court pursuant to § 365 of the Bankruptcy Code, 11 U.S.C. § 365 (1984) (the "Code"), requiring its partner, Beker Industries Corp. ("Beker" or the "Debtor"), to determine forthwith whether to assume or reject certain executory contracts relating to the Conda Partnership....

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