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IN RE MUSICK CONST., INC.

Civ. A. Nos. 83-K-1264, 83 Mc 2293.

34 B.R. 105 (1983)

In re MUSICK CONSTRUCTION, INC., Debtor. David A. PALMER, Trustee, Plaintiff, v. Robert D. COREY and Lavelle Corey, jointly or severally, Defendants.

United States District Court, D. Colorado.

October 4, 1983.

Attorney(s) appearing for the Case

David A. Palmer, Trustee, Grand Junction, Colo., Andrew J. Slee, Overholser, Slee, Reed & Pixler, K.K. Summers, Grand Junction, Colo., for plaintiff.

John A. Brooks, Brooks, Miller & Brooks, Montrose, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This is an appeal from the United States Bankruptcy Court, District of Colorado. The appellants are the defendants Robert and Lavelle Corey, owners of gravel pits situated in Montrose County Colorado. The defendants executed a gravel lease on or about March 8, 1980 with Musick Construction Inc., allowing Musick to extract gravel from their pits for a term of five years. In 1981 Musick failed to make the...

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