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IN RE METRO AIR NORTHEAST, INC. (N.Y.)

Bankruptcy Nos. 91-21538, 91-21540.

131 B.R. 555 (1991)

In re METRO AIR NORTHEAST, INC. (NY), Metro Air Northeast, Inc. (VT), Debtors.

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

September 11, 1991.

Attorney(s) appearing for the Case

Elliott, Stern & Calabrese by David Stern, Rochester, N.Y., for debtors. Vt.

Harris, Beach & Wilcox by Jeffrey Baker, Rochester, N.Y., for City of Burlington, Vt.

Wilson, Powell, Lang & Faris by Richard A. Lang, Jr., Burlington, Vt., for Vermont Nat. Bank.

U.S. Trustee's Office by Trudy A. Nowak, Rochester, N.Y.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

This matter is before the Court on Metro Air Northeast, Inc. (VT)'s motion to assume a lease pursuant to 11 U.S.C. § 365. For the reasons which follow, the Debtor's motion is denied. However, the Debtor is granted leave to reapply to assume the lease if it is able to have the lease reinstated pursuant to Vermont law.

The Debtor leases from the City of Burlington, Vermont ("the City"...

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