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IN RE DIAL-A-TIRE, INC.

Bankruptcy No. 86-20689.

78 B.R. 13 (1987)

In re DIAL-A-TIRE, INC., Debtor.

United States Bankruptcy Court, W.D. New York.

October 7, 1987.

Attorney(s) appearing for the Case

John A. Belluscio, Rochester, N.Y., on behalf of the debtor.

Robert M. Place, Fairport, N.Y., on behalf of John Perry.

Harris, Beach, Wilcox, Rubin & Levey by Angela J. Panzarella, Rochester, N.Y., on behalf of Alvin Russell.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

This Motion and Cross-Motion require the Court to harmonize several provisions of 11 U.S.C. § 365 in deciding the treatment which should be given two commercial leasing agreements. At stake is the use and possession of real property in which Dial-A-Tire, Inc. (the "Debtor"), holds interests as both lessee and sublessor. The property is owned by Mr. Alvin Russell ("Russell"). The Debtor leased...

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