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IN RE HEWARD BROS.

Bankruptcy No. 97-01204.

210 B.R. 475 (1997)

In re HEWARD BROTHERS, a partnership, Debtor.

United States Bankruptcy Court, D. Idaho.

June 26, 1997.

Attorney(s) appearing for the Case

Brent T. Robinson, Ling, Nielsen and Robinson, Rupert, ID, for Debtor.

Ron Kerl, Service, Gasser & Kerl, Pocatello, ID, for AgAmerica, FCB.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Chief Judge.

Background.

Before the Court for disposition is the motion of AgAmerica Bank, successor to Farm Credit Bank of Spokane (hereafter "FCB"), to compel Debtor, Heward Brothers Family Partnership, to assume or reject an installment land sale agreement (the "Contract") as an executory contract. Debtor objected to the motion contending that the Contract is not executory within the meaning of Section...

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