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IN RE IRON-OAK SUPPLY CORP.

Bankruptcy No. 91-20187-A-11. MC No. DWP-234.

169 B.R. 414 (1994)

In re IRON-OAK SUPPLY CORPORATION, a California corporation, dba Iron-Oak Supply, dba Tyler-Dawson Supply, Debtor.

United States Bankruptcy Court, E.D. California.

June 17, 1994.

Attorney(s) appearing for the Case

Paul J. Pascuzzi, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, CA, for Official Unsecured Creditors' Committee, Objecting Party in Interest.

John H. Sutter, in pro. per.

DECISION ON OBJECTION TO CLAIM OF JOHN H. SUTTER

CHRISTOPHER M. KLEIN, Bankruptcy Judge:

The primary question in this objection to a landlord's claim for damages on a terminated lease is whether the term "surrendered" in the limitation imposed by 11 U.S.C. § 502(b)(6)1 applies when the landlord declines the return of the premises. The secondary question, which is compelled by conflicting computations of damages and a dearth...

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