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KENT'S RUN PARTNERSHIP, LTD. v. GLOSSER

Civ.A. No. 03-1760, Bankruptcy No. 97-23098-JLC.

323 B.R. 408 (2005)

KENT'S RUN PARTNERSHIP, LTD., Appellant, v. Mark L. GLOSSER, Trustee for Midwest Portland Cement Co., Maysville Regional Water District, Office of the U.S. Trustee, Appellees.

United States District Court, W.D. Pennsylvania.

March 31, 2005.

Attorney(s) appearing for the Case

George M. Cheever, Kirkpatrick & Lockhart LLP, Pittsburgh, PA, Thomas A. Young, Porter, Wright, Morris, & Arthur, Columbus, OH, for appellant.

Steven T. Shreve, Pittsburgh, PA, Linda A. Michler, Bethel Park, PA, for appellees.

Stephen I. Goldring, Office of the U.S. Trustee, Pittsburgh, PA.

OPINION

CERCONE, District Judge.

The central issue in this appeal is whether the bankruptcy court erred by denying the trustee's and co-movant's motion to assume and assign an executory contract under 11 U.S.C. § 365(a). The bankruptcy court determined that 11 U.S.C. § 365(a) did not permit the contract's assumption and assignment because (1) at the time the bankruptcy petition was filed, the contract was no longer executory and (2) even...

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