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IN RE COLE BROS., INC.

No. 1:92-CV-219, Bankruptcy No. HT91-84932.

154 B.R. 689 (1992)

In re COLE BROTHERS, INC., Debtor. JOHN DEERE COMPANY and John Deere Industrial Equipment Company, Appellants, v. COLE BROTHERS, INC., Appellee.

United States District Court, W.D. Michigan, S.D.

September 2, 1992.

Attorney(s) appearing for the Case

Philip T. Carter, Howard & Howard, PC, Bloomfield Hills, MI, James E. Lozier, Howard & Howard, Lansing, MI, for appellants.

Paul I. Bare, Traverse City, MI, for appellee.

Cole Bros., Inc., pro se.

OPINION

BENJAMIN F. GIBSON, Chief Judge.

This is an appeal from a bankruptcy court order allowing debtor Cole Brothers to assume certain executory contracts it has with appellants John Deere Co. ("JDC") and Deere Industrial Equipment Co. ("Deere Industrial").1 A hearing on this matter was held on August 12, 1992. Upon review of the record on appeal and the arguments presented, for the following reasons the appeal is granted...

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