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IN RE RUSSELL TRANSFER, INC.

Bankruptcy No. 7-85-00365-BKC-HPR, Adv. No. 7-88-0083.

107 B.R. 532 (1989)

In re RUSSELL TRANSFER, INC. Debtor. George I. VOGEL, II, Trustee, Plaintiff, v. BORDEN, INC., Successor to Beatrice Foods, Co., et al., Defendants.

United States Bankruptcy Court, W.D. Virginia, Roanoke Division.

October 26, 1989.

Attorney(s) appearing for the Case

Wilson, Vogel & Creasy, Roanoke, Va., for trustee, plaintiff.

Glenn, Flippin, Feldmann & Darby, Roanoke, Va., for defendants.

MEMORANDUM OPINION

H. CLYDE PEARSON, Chief Judge.

The issues before the court are:

I. Whether the lease granted Russell Transfer, Inc., a right of way in the property of Borden, Inc.; and II. Whether the trustee may exercise the option to purchase provided for in the lease.

The pertinent facts are as follows: In 1978, Bill Bumgarner, then president of Russell Transfer, Inc. ("Russell...

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