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IN RE OWEN-JOHNSON

Bankruptcy No. 89-9454-H11.

115 B.R. 254 (1990)

In re OWEN-JOHNSON, a California general partnership, Debtor.

United States Bankruptcy Court, S.D. California.

June 7, 1990.

Attorney(s) appearing for the Case

Procopio, Cory, Hargreaves & Savitch, San Diego, Cal., for debtor.

Sullivan, Delafield, McDonald, Allen & Middendorf, San Diego, Cal., for Israni.

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

At issue is whether this court may "abstain" from determining the threshold question of the existence of a contract in connection with a motion to reject an executory contract, where there is a pending state court action, set for trial, which shall determine the existence of a contract.1

This court has jurisdiction to hear this matter pursuant to 28 U.S.C. §...

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