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IN RE PORT ANGELES WATERFRONT ASSOCIATES

BAP No. WW-90-1485 MeJR, Bankruptcy No. 89-06044, Adv. No. A90-00011.

134 B.R. 377 (1991)

In re PORT ANGELES WATERFRONT ASSOCIATES, Debtor. PORT ANGELES WATERFRONT ASSOCIATES, City of Port Angeles, and Security Pacific Savings Bank, Appellants, v. PORT OF PORT ANGELES, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 9, 1991.

Attorney(s) appearing for the Case

Daniel M. Caine, Seattle, Wash., for Port Angeles Waterfront.

William E. Holt, Tacoma, Wash., for Sec. Pacific.

Marc Barreca, Seattle, Wash., for City of Port Angeles.

Gayle E. Bush, Seattle, Wash., for Port of Port Angeles.

Before MEYERS, JONES and RUSSELL, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

Sixty days after Debtor-Appellant filed Chapter 11, Appellee gave notice of termination of the lease pursuant to 11 U.S.C. § 365(d)(4). No motion was made by the Debtor within those sixty days to either assume or reject the lease. The parties filed cross motions for summary judgment, each asking for declaratory judgment on whether the lease had been terminated. The bankruptcy court entered summary judgment for the...

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