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SHARON STEEL CORP. v. NATIONAL FUEL GAS DISTRIB.

No. 88-3386.

872 F.2d 36 (1989)

SHARON STEEL CORPORATION v. NATIONAL FUEL GAS DISTRIBUTION CORPORATION, Appellant, Intervenor: James W. Toren, Trustee.

United States Court of Appeals, Third Circuit.

Decided April 6, 1989.

Attorney(s) appearing for the Case

Kim R. Tulsky, Kenneth A. Manning (argued), Morgan, Lewis and Bockius, Philadelphia, Pa., for appellant.

Steven Petrikis (argued), Russell J. Ober, Jr., Rose, Schmidt, Hasley and DiSalle, Pittsburgh, Pa., for intervenor, James W. Toren, trustee.

David B. Salzman (argued), Campbell and Levine, Pittsburgh, Pa., for appellee, Sharon Steel Corp.

Before STAPLETON, SCIRICA and COWEN, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This appeal arises from the district court's affirmance of a bankruptcy court order approving the rejection of an executory service agreement between the debtor, Sharon Steel Corporation, and National Fuel Gas Distribution Corporation. National Fuel appeals the district court's decision that the agreement was an executory contract subject to the rejection provisions of Bankruptcy Code, its determination that the...

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