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PHAR-MOR, INC. v. STROUSS BLDG. ASSOCIATES

Bankruptcy No. 4:94 CV 1698.

204 B.R. 948 (1997)

PHAR-MOR, INC., et al., Appellants, v. STROUSS BUILDING ASSOCIATES, et al., Appellees.

United States District Court, N.D. Ohio, Eastern Division.

January 13, 1997.

Attorney(s) appearing for the Case

Robert J. White, Jr. and David A. Hollander, O'Melveny & Myers, Los Angeles, CA, Michael A. Gallo, Jr., Nadler, Nadler & Burdman, Youngstown, OH, for plaintiffs.

Frederick S. Coombs, III, Harrington, Huxley, Smith, Mitchell & Reed, Youngstown, OH, Mark Schlachet, Climaco, Climaco, Lefkowitz & Garofoli, Cleveland, OH, for defendants.

MEMORANDUM AND ORDER

OLIVER, District Judge.

This bankruptcy appeal raises the issue of whether the debtor-in-possession in this case may reject a limited partnership agreement as an executory contract, pursuant to 11 U.S.C. § 365. The bankruptcy court decided this question in the negative, and debtor-in-possession Phar-Mor, Inc. (together with 15 affiliated debtors) appeals. Because this court concludes the bankruptcy court erred as a matter...

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