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IN RE HARTEC ENTERPRISES, INC.

Bankruptcy No. 87-30284-C.

117 B.R. 865 (1990)

In re HARTEC ENTERPRISES, INC., Debtor.

United States Bankruptcy Court, W.D. Texas, El Paso Division.

July 16, 1990.

Attorney(s) appearing for the Case

Harrel L. Davis, III, Grambling & Mounce, El Paso, Tex., Jesse Blanco, Jr., Blanco and Telge, Houston, Tex., Bernard Panetta, Sp. Counsel, Caballero, Panetta & Ortega, El Paso, Tex., Timothy Sullivan, Sp. Counsel, Dykema, Gossett, Spencer, Goodnow and Trigg, Washington, D.C., for Hartec Enterprises, Inc. (debtor).

Janet E. Bauerle, Asst. U.S. Atty., San Antonio, Tex., for U.S., on behalf of the Dept. of Defense.

DECISION AND ORDER ON JOINT MOTION OF DEBTOR AND THE UNITED STATES OF AMERICA FOR DETERMINATION OF THE ASSUMPTION OR REJECTION OF EXECUTORY CONTRACTS

LEIF M. CLARK, Bankruptcy Judge.

This case involves the ability of a chapter 11 debtor in possession to assume an executory government contract. It requires construction of 41 U.S.C. § 15 (which prohibits the transfer of a government contract without the consent of the United States) and 11 U.S.C. §...

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