IN RE MONGE OIL CORP.

Bankruptcy No. 84-02657G.

83 B.R. 305 (1988)

In re MONGE OIL CORPORATION, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

March 7, 1988.


Attorney(s) appearing for the Case

C. Clark Hodgson, Jr., Ursula B. Bartels, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for objector, Merrill Lynch, Pierce, Fenner & Smith, Inc.

Marjorie O. Rendell, Duane, Morris & Heckscher, Philadelphia, Pa., for movant/trustee, Hays and Co., Inc.

James J. O'Connell, Philadelphia, Pa., Asst. U.S. trustee.


MEMORANDUM OPINION

BRUCE I. FOX, Bankruptcy Judge:

The trustee in this chapter 11 case has filed a motion to reject an executory contract. This motion is opposed by Merrill, Lynch, Pierce, Fenner and Smith (Merrill Lynch), the other party to the contract, on the ground that there is no executory contract to reject within the meaning of 11 U.S.C. § 365. The official committee of unsecured creditors supports the trustee's motion. For reasons which I will...

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