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IN RE TEXSCAN CORP.

BAP No. AZ-88-1896, Bankruptcy No. B-85-3618-PHX-GBN.

107 B.R. 227 (1989)

In re TEXSCAN CORPORATION, Debtor. TEXSCAN CORPORATION, a Delaware corporation, Appellant, v. COMMERCIAL UNION INSURANCE COMPANIES, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 30, 1989.

Attorney(s) appearing for the Case

Virginia Barklow, Stretch, Land, Weeks, Cardon, Phoenix, Ariz., for appellant.

Gerald L. Shelley, Chris Kimble, Winston & Strawn, Phoenix, Ariz., for appellee.

Before JONES, RUSSELL and PERRIS, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge:

The Appellant, Texscan Corporation, appeals a bankruptcy court order denying its motion to reject an executory contract. We reverse.

FACTS

Commercial Union Insurance Companies ("CUIC") and Texscan Corporation ("Texscan") entered into a contract called a Large Risk-Loss Dividend Plan ("Plan"). The Plan provided business coverage to Texscan through various workmen's compensation, comprehensive liability and...

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