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IN RE MAGNESS

No. 91-4041.

972 F.2d 689 (1992)

In re Thomas E. MAGNESS; Harry E. Redman, Debtors. John Paul RIESER, Trustee, Plaintiff-Appellant, v. The DAYTON COUNTRY CLUB COMPANY and Cynthia Magness Karas, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 17, 1992.

Attorney(s) appearing for the Case

John Paul Rieser (Argued and Briefed), Rieser & Marx, Dayton, Ohio, for plaintiff-appellant.

John P. Petzold, Robert B. Berner (Argued and Briefed), Altick & Corwin, Dayton, Ohio, Stephen E. Klein (Argued and Briefed), Vandalia, Ohio, for defendants-appellees.

Before: JONES and GUY, Circuit Judges; and JOINER, Senior District Judge.

JOINER, Senior District Judge.

In this case we are asked to review an order barring a trustee in bankruptcy under Chapter 7 from assuming and assigning a golf membership in a country club as an executory contract, pursuant to section 365 of the Bankruptcy Code. 11 U.S.C. § 365.

I.

The Dayton Country Club is an organization, in the form of a corporation, consisting of several hundred individuals who have joined together for recreation and entertainment...

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