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IN RE OKLAHOMA PLAZA INVESTORS, LTD.

Bankruptcy No. 89-01236-C, Adv. No. 90-0151-C.

124 B.R. 108 (1991)

In re OKLAHOMA PLAZA INVESTORS, LTD., Debtor. OKLAHOMA PLAZA INVESTORS, LTD., Plaintiff, v. WAL-MART STORES, INC., Defendant.

United States Bankruptcy Court, N.D. Oklahoma.

February 21, 1991.

Attorney(s) appearing for the Case

Natalie Shirley, Oklahoma City, Okl., for plaintiff.

Jon B. Comstock, Tulsa, Okl., for defendant.

MEMORANDUM OPINION

STEPHEN J. COVEY, Bankruptcy Judge.

There are two principle issues to be decided.

1. Whether or not Oklahoma Plaza Investors, Ltd. ("OPI" or the "Debtor") has rejected its unexpired lease ("Lease") with Wal-Mart Stores, Inc. ("Wal-Mart") pursuant to Section 365 of the Bankruptcy Code or the provisions of the Debtor's confirmed plan.

2. Whether or not under the uncontested facts, Wal-Mart has breached the Lease as a matter...

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