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MATTER OF GP EXPRESS AIRLINES, INC.

Bankruptcy No. BK96-40042.

200 B.R. 222 (1996)

In the Matter of GP EXPRESS AIRLINES, INC., Debtor.

United States Bankruptcy Court, D. Nebraska.

August 7, 1996.

Attorney(s) appearing for the Case

T. Randall Wright and Angela K. Layden, Dixon Dixon & Jessup Ltd., L.L.P., Omaha, NE, for Debtor.

Steven Turner, Mary Leiter Swick, Baird Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, NE, Douglas Kelly, Houston, TX, for Continental Airlines, Inc.

Jeffrey Wegner, Kutak Rock, Omaha, NE, for Unsecured Creditors Committee.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

Before the court is a motion to assume executory contracts between the debtor in possession, GP Express Airlines, Inc. ("Debtor" or "GP Express"), and Continental Airlines, Inc. ("Continental"). Continental resists Debtor's motion. I conclude that the contracts are executory, that assumption is not barred by section 365(c)(1), and that nonmonetary defaults need not be cured as a condition to assumption...

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