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IN RE SUDBURY, INC.

Bankruptcy No. 92-10148.

153 B.R. 776 (1993)

In re SUDBURY, INC., Debtor.

United States Bankruptcy Court, N.D. Ohio.

May 11, 1993.

Attorney(s) appearing for the Case

G. Christopher Meyer, Ralph Brubaker, Squire, Sanders & Dempsey, Cleveland, OH, for debtor.

Jeffrey M. Sherman, Lawrence D. Mungin, Katten Muchin Zavis & Dombross, Washington, DC, for Nat. Union Fire Ins. Co. of Pittsburgh, Pa.

Forrest A. Norman, Gary L. Nicholson, Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for Continental Ins. Co.

Jeffrey S. Gray, Ulmer & Berne, Cleveland, OH, for Unsecured Creditors' Committee.

MEMORANDUM OF OPINION

DAVID F. SNOW, Bankruptcy Judge.

On July 2, 1992, Sudbury, Inc., the Debtor in this chapter 11 case, filed a motion requesting a declaration that its insurance policies ("Policy" or "Policies") issued by National Union Fire Insurance Company of Pittsburgh, Pa. and The Continental Insurance Company ("Insurer(s)") and the related retrospective premium agreements ("Premium Agreement(s)") are not executory contracts under section 365 of...

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