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IN RE HARRIS PINE MILLS

Bankruptcy No. 386-06604-P11, Civ. No. 87-830-PA.

79 B.R. 919 (1987)

In re HARRIS PINE MILLS, Debtor. Bertha BAKER, Dean Forth, Louise Forth, Tommie Gibson, and Betty Gibson, Plaintiffs/Appellants, v. HARRIS PINE MILLS, Defendant/Appellee.

United States District Court, D. Oregon.

As Amended December 3, 1987.

Attorney(s) appearing for the Case

Joel S. DeVore, Mautz, Hallman & DeVore, Pendleton, Or., for plaintiffs/appellants.

David A. Foraker, Greene & Markley, Portland, Or., for defendant/appellee.

Sandra L. Wald, Ransom, Blackman & Simson, Portland, Or., for John Mitchell, Inc., trustee.

John G. Crawford, Jr., Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for Creditors' Committee.

OPINION

PANNER, Chief Judge.

Five landowners gave an interest in timber to Harris Pine Mills. Harris Pine Mills is now a debtor in bankruptcy. The landowners appeal an order of the bankruptcy court. They contend that the contracts by which they gave the debtor the right to harvest timber and conduct other timber-related activities over a period of years are nonresidential real property leases which, by not being assumed by the trustee within

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