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IN RE FLEISHMAN

Bankruptcy Nos. 91-13707-JNG, 91-13708-JNG.

138 B.R. 641 (1992)

In re Barton FLEISHMAN, Debtor. In re Gerald B. OTTINGER, Debtor.

United States Bankruptcy Court, E.D. Massachusetts.

April 8, 1992.

Attorney(s) appearing for the Case

Daniel M. Glosband, Goodwin, Procter & Hoar, Boston, Mass., for objecting party.

William G. Billingham, Marshfield, Mass., Chapter 7 Trustee.

Gary W. Cruickshank, Boston, Mass., for debtor.

Susan Kenneally, Boston, Mass., Office of U.S. Trustee.

Robert J. Capozzi, Fitch, Wiley, Richlin & Tourse, P.C., Boston, Mass., for Resolution Trust Corp.

Bruce N. Elliott, Carlin, McKenney & Philbrick, P.C., Ann Arbor, Mich., for Richard L. Levine, Hill & Barlow, Boston, Mass., for Travis B. Jacobs Trust.

Andrew D. Epstein, Barker & Epstein, Boston, Mass., for Empire Management Corp. Money Market Associates.

Arthur D. Smith, Vineyard Haven, Mass., for Edgartown Nat. Bank.

Edward W. Vincent, Edgartown, Mass., for Island Ins. Agency.

Paul P. Daley, Hale & Dorr, Boston, Mass., for Thomas J. Healey.

MEMORANDUM

JAMES A. GOODMAN, Bankruptcy Judge.

A. PROCEDURAL HISTORY

The issue before the Court is whether a Right of First Refusal contained in a deed to property owned by Barton Fleishman and Gerald B. Ottinger and sold at public auction is a covenant running with the land or an executory contract that may be rejected by the Chapter 7 Trustee pursuant to § 365 of the Bankruptcy Code (the "Code"). The outcome of the Court's decision shall determine...

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