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IN RE STEWART FOODS, INC.

No. 94-1100.

64 F.3d 141 (1995)

In re STEWART FOODS, INC., formerly known as Stewart Sandwiches, Incorporated, Debtor. STEWART FOODS, INC., formerly known as Stewart Sandwiches, Incorporated, Plaintiff-Appellant, v. Theodore J. BROECKER, Defendant-Appellee, and United States Trustee, Party in Interest.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1995.

Attorney(s) appearing for the Case

ARGUED: James Robert Sheeran, Marcus, Santoro & Kozak, Portsmouth, VA, for appellant. James Thomas Lloyd, Jr., Clark & Stant, P.C., Virginia Beach, VA, for appellee. ON BRIEF: Carolyn Louise Camardo, Marcus, Santoro & Kozak, Portsmouth, VA, for appellant.

Before RUSSELL, NIEMEYER, and MICHAEL, Circuit Judges.

Reversed and remanded by published opinion. Judge RUSSELL wrote the opinion, in which Judge NIEMEYER and Judge MICHAEL joined.

OPINION

DONALD RUSSELL, Circuit Judge:

This case requires this Court to decide a discrete issue of bankruptcy law: whether a debtor's obligation to pay money under a nonexecutory contract remains a continuing obligation on the debtor after the bankruptcy filing, or simply gives...

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