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HEARTLINE FARMS, INC. v. DALY

No. 90-2809.

934 F.2d 985 (1991)

HEARTLINE FARMS, INC., Appellee, v. John DALY, Personal Representative of the Estate of Agnes Stokes, Deceased, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 11, 1991.

Attorney(s) appearing for the Case

Daniel A. Fullner, Madison, Neb., for appellant.

Vard R. Johnson, Omaha, Neb., for appellee.

Before BOWMAN, Circuit Judge, HEANEY and BRIGHT, Senior Circuit Judges.

PER CURIAM.

This action originated in the Bankruptcy Court.1 Heartline Farms, Inc., the debtor in a Chapter 12 farm-reorganization proceeding, possesses a vendee's interest under an installment land contract. John Daly, as personal representative of the Stokes Estate, possesses the vendor's interest. The Stokes Estate asserted that the installment land contract is an executory contract under 11 U.S.C. § 365. The Bankruptcy Court held...

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