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IN RE ROTH AMERICAN, INC.

Bankruptcy No. 5-88-00056.

107 B.R. 44 (1989)

In re ROTH AMERICAN, INC., Debtor.

United States Bankruptcy Court, M.D. Pennsylvania.

October 27, 1989.

Attorney(s) appearing for the Case

Arthur Silverblatt, Wilkes-Barre, Pa., for Gurbst.

Robert C. Nowalis, Wilkes-Barre, Pa., for Roth American.

John J. Thomas, Wilkes-Barre, Pa., for United Rehabilitation.

David S. Brady, Office of U.S. Trustee, Harrisburg, Pa., for U.S. Trustee.

Jeffrey Baddely, Cleveland, Ohio, for Official Unsecured Creditors Committee.

Patrick J. Szymanski, Baptiste & Wilder, P.C., Washington, D.C., for Teamsters Local 401.

OPINION AND ORDER

THOMAS C. GIBBONS, Bankruptcy Judge:

This proceeding is before the Court on an "Application for Court Order of Payment of Amount Due under Executory Contract as an Administration Expense." The prayer in the application requests this Court to declare a deferred compensation agreement entered into between Herbert S. Gurbst (hereinafter "Gurbst") and the debtor, an assumed executory contract with the balance due Gurbst under the agreement...

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