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IN RE SUNDIAL ASPHALT CO., INC.

Nos. CV 92-808 (ADS), CV 92-1202 (ADS), CV 92-1790 (ADS), CV 92-1791 (ADS), CV 92-2571 (ADS), CV 92-3990 (ADS) and CV 92-3991 (ADS).

147 B.R. 72 (1992)

In re SUNDIAL ASPHALT CO., INC., Debtor. SUNDIAL ASPHALT CO., INC., Appellant, v. V.P.C. INVESTORS CORP., Appellee.

United States District Court, E.D. New York.

November 23, 1992.

Attorney(s) appearing for the Case

Zinker & Gelfand (Kenneth Cooperstein, of counsel), Smithtown, N.Y., for debtor-appellant.

Moritt, Hock & Hamroff (Neil J. Moritt, of counsel), Hempstead, N.Y., for appellee V.P.C. Investors Corp.

Macco Hackeling Stern & Christensen (Michael Macco, of counsel), Huntington, N.Y., for Creditors' Committee.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

The Court is faced with several interesting and unusual questions in these four consolidated bankruptcy appeals brought by a financially troubled operating company with regard to a purportedly "burdensome" executory contract for the sale of the company's only asset, namely, an asphalt plant in Suffolk County.

These appeals concern four different orders signed by the United States Bankruptcy Judge...

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