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IN RE G.I. INDUSTRIES, INC.

No. 98-55846.

204 F.3d 1276 (2000)

In re G.I. INDUSTRIES, INC., a Utah corporation, p/k/a Yellow Rose Corporation; Conejo Enterprises, Inc., a California corporation, Debtors. Ronald L. Durkin, Chapter 11 Trustee for G.I. Industries, Inc., and Conejo Enterprises, Inc., Plaintiff-Appellee, v. Benedor Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 9, 2000.

Attorney(s) appearing for the Case

Sara Pfrommer and David J. Richardson, Sheppard, Mullin, Richter & Hampton, Los Angeles, California, for the plaintiff-appellee.

William H. Hair, Gerald M. Etchingham, and Susan M. Seemiller, Nordman, Cormany, Hair & Compton, Oxnard, California, for the defendant-appellant.

Before: BRUNETTI and TASHIMA, Circuit Judges, and SCHWARZER, District Judge.

BRUNETTI, Circuit Judge:

This appeal arises out of an executory contract between Conejo Enterprises, Inc., ("Conejo") and Benedor Corporation ("Benedor"). Conejo's trustee, Ronald L. Durkin ("the trustee"), filed a motion with the bankruptcy court to reject the contract. The bankruptcy court approved the rejection, finding that the contract was "burdensome and onerous to Conejo." Based on the rejection, Benedor submitted a proof of claim to the bankruptcy court, arguing...

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