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IN RE NEW YORK TRAP ROCK CORP.

Bankruptcy Nos. 90 B 21276 to 90 B 21286, 90 B 21334 and 90 B 21335.

126 B.R. 19 (1991)

In re NEW YORK TRAP ROCK CORPORATION, Lone Star Industries, Inc., et al., Debtors.

United States Bankruptcy Court, S.D. New York.

April 17, 1991.

Attorney(s) appearing for the Case

Proskauer Rose Goetz & Mendelsohn, New York City, for debtors.

Wachtell Lipton Rosen & Katz, New York City, for Creditors' Committee.

Willkie Farr & Gallagher, New York City, for Equity Committee.

DECISION ON MOTION FOR AN ORDER AUTHORIZING REJECTION AND TERMINATION OF CERTAIN EMPLOYEE BENEFIT AND COMPENSATION AGREEMENTS

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The above-captioned Chapter 11 debtors have moved pursuant to 11 U.S.C. § 365 to reject and/or terminate the debtors' Executive Medical Plan (the "EMP"). Significantly, the debtors contend that 11 U.S.C. § 1114 does not apply because; (1) the contracts providing for the medical benefits...

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