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IN RE DRAKE

Bankruptcy No. 90-17012-JNG.

136 B.R. 325 (1992)

In re Brian Nelson DRAKE, Debtor.

United States Bankruptcy Court, D. Massachusetts.

January 29, 1992.

Attorney(s) appearing for the Case

Stephen E. Shamban, Braintree, Mass., Chapter 7 Trustee.

Melvin S. Hoffman, Cherwin & Glickman, Boston, Mass., for Cape Cod Bank and Trust Co.

Joel B. Rosenthal, Shapiro Israel & Weiner, Boston, Mass., for objecting party.

MEMORANDUM

WILLIAM C. HILLMAN, Bankruptcy Judge.

I. INTRODUCTION

The issue before the Court is whether an "Executive Employment and Non Competition Agreement" (the "Agreement") between Brian Nelson Drake ("Drake" or the "Debtor") and Drake, Swan & Crocker Insurance Agency, Inc. (the "Agency"), an insurance agency in which Drake had been an officer and shareholder, is an executory contract. The Chapter 7 Trustee and the Cape Cod Bank and Trust...

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