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IN RE NEMKO, INC.

Bankruptcy No. 190-11025-260. Adv. No. 192-1140-260.

163 B.R. 927 (1994)

In re NEMKO, INC., Debtor. NEMKO, INC., Debtor-in-Possession, Plaintiff, v. MOTOROLA, INC. and Motorola Communications and Electronics, Inc., Defendant.

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

February 18, 1994.

Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan, New York City, for plaintiff; Leonard D. Steinman and Lawrence M. Rosenstock, of counsel.

Kirkland & Ellis, New York City, for defendant; Terrence J. Galligan, of counsel.

DECISION ON WHETHER TERMINATION OF ALLEGED EXECUTORY CONTRACT CONSTITUTED BREACH OF CONTRACT AND VIOLATED DEBTOR'S RIGHTS UNDER SECTION 365(e)(1) OF THE BANKRUPTCY CODE

CONRAD B. DUBERSTEIN, Chief Judge.

In this adversary proceeding, the Debtor ("Debtor" or "Nemko") seeks damages in the amount of $500,000 for cancellation of a contract it contends it entered into with the Defendant Motorola Communications and Electronics...

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