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IN RE HARRIS PINE MILLS

No. 87-4359.

862 F.2d 217 (1988)

In re HARRIS PINE MILLS, Debtor. Bertha BAKER, Dean Forth, Louise Forth, Tommie Gibson and Betty Gibson, Appellants, v. HARRIS PINE MILLS, Defendant-Appellee, and Unsecured Creditors Committee, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 30, 1988.

Attorney(s) appearing for the Case

W. Eugene Hallman, Mautz, Hallman & DeVore, Pendleton, Or., for appellants.

Leon Simson, Richard Samuels, Ransom, Blackman & Simson, Portland, Or., for defendant-appellee.

Mildred Carmack, Schwabe, Williamson & Wyatt, Portland, Or., for appellee.

Before SCHROEDER, PREGERSON and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

Several landowners claim that their agreements with the debtor, Harris Pine Mills, constitute leases under federal or state law, and that the Trustee failed to timely assume the leases pursuant to 11 U.S.C. § 365(d)(4) (Supp. IV 1986). The bankruptcy court and the district court held the Trustee was under no duty to assume the leases within the time constraints of section 365(d)(4), because the agreements were not leases for purposes of...

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