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IN RE SOUTHERN ENERGY, LTD.

Bankruptcy No. 87-07126.

98 B.R. 42 (1989)

In re SOUTHERN ENERGY, LTD., Debtor.

United States Bankruptcy Court, N.D. Florida, Tallahassee Division.

March 2, 1989.

Attorney(s) appearing for the Case

Mark D. Hildreth, Tallahassee, Fla., for Rex Lumber Co.

C. Edwin Rude, Jr., Tallahassee, Fla., for debtor.

Ronald A. Mowrey, Tallahassee, Fla., Trustee.

ORDER DENYING MOTION TO COMPEL TRUSTEE TO SURRENDER PROPERTY

LEWIS M. KILLIAN, Jr., Bankruptcy Judge.

THIS CAUSE comes before the Court on creditor Rex Lumber Company's motion seeking surrender of nonresidential real property under § 365(d)(4) of the Bankruptcy Code. The company seeks the surrender based on the alleged failure of the debtor to assume the lease. For the reasons which follow, Rex's motion to compel surrender is denied.

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