IN RE STREETS & BEARD FARM PARTNERSHIP

No. 88-3373.

882 F.2d 233 (1989)

In re STREETS & BEARD FARM PARTNERSHIP, Debtor. Loren and Doris MITCHELL, Appellants, v. David STREETS, Shari Streets, Fred Beard, and Reynolds M. Everett, Trustee, Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 10, 1989.


Attorney(s) appearing for the Case

Samuel S. McHard, Katz, McAndrews, Balch, Lefstein & Fieweger, Rock Island, Ill., for plaintiffs-appellants.

Michael E. Massie, Massie & Steele, Galva, Ill., Richard L. Whitman, Sr., Monmouth, Ill., for defendants-appellees.

Reynolds M. Everett, Galva, Ill., pro se.

Before FLAUM and MANION, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


FLAUM, Circuit Judge.

The question presented by this case is whether an installment contract for the sale of real estate between the vendors, appellants Loren and Doris Mitchell, and the debtor, appellee Streets and Beard Farm Partnership, is an executory contract within the meaning of Section 365 of the Bankruptcy Code. Both the bankruptcy judge and the district court held that it was not and therefore rejected the appellants' petition to set a time certain for the...

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