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IN RE LAKE MINNEWASKA MOUNTAIN HOUSES, INC.

Nos. 81 Civ. 5542 (JES), 81 Civ. 5543 (JES).

42 B.R. 366 (1984)

In re LAKE MINNEWASKA MOUNTAIN HOUSES, INC., Debtor. LAKE MINNEWASKA MOUNTAIN HOUSES, INC., Plaintiff/Appellant, v. Ruth H. SMILEY, et al., Defendants/Cross-Appellants.

United States District Court, S.D. New York.

August 3, 1984.

Attorney(s) appearing for the Case

Jules Teitelbaum, P.C., New York City, for plaintiff/appellant; Wayne Greenwald, New York City, of counsel.

McCabe & Mack, Poughkeepsie, N.Y., for defendants/appellants; Richard A. Mitchell, David L. Posner, Poughkeepsie, N.Y., of counsel.

OPINION & ORDER

SPRIZZO, District Judge:

Appellant Lake Minnewaska, debtor in the bankruptcy proceeding below, commenced an adversary proceeding in the bankruptcy court against cross-appellants Ruth H. Smiley and her descendants (hereinafter collectively referred to as "the Smiley interests"). In its first and second causes of action, Lake Minnewaska sought to disaffirm, as executory, certain contracts with Ruth...

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