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| In re: Case No. A90-00500 | ) | |
| ) | ||
| ALASKA CAB COMPANY, INC., | ) | |
| ) | ||
| Debtor. | ) | |
| __________________________________________ | ) | |
| ) | ||
| ALASKA CAB COMPANY, INC., | ) | Adversary No. A90-00500-001 |
| ) | Chapter 11 | |
| Plaintiff, | ) | |
| v. | ) | |
| ) | ||
| ROBERT VAUGHN, ROBERT SYMPSON | ) | |
| and MARY SYMPSON, | ) | |
| ) | ||
| Defendants. | ) | |
| __________________________________________ | ) |
ORDER GRANTING MOTION FOR RECONSIDERATION
The motion of the Defendants Roger Sympson and Mary Sympson for reconsideration of this court's order of July 25, 1990 duly came before the court for hearing. Good cause appearing and based upon Moody v. Amoco Oil Company, 734 F.2d 1200 (7th Cir. 1984), the motion is granted. Paragraph one of the order of July 25, 1990 is vacated; paragraph 3 is also vacated solely as to the Defendants Sympson.
It is ordered and this court finds that the two leases of the Plaintiff with the Defendants Roger Sympson and Mary Sympson terminated on July 1, 1990 in accordance with state law. Due to the Sympsons' earlier position that the leases were totally and completely terminated pre-petition, costs and attorneys fees will not be allowed for either the Plaintiff or the Defendants Sympson.
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The Plaintiff is awarded attorneys' fees in the sum of $750.00 as to the
Defendant Robert Vaughn. The cross motion for award of attorneys' fees for the
Defendant Vaughn is denied. The court has already reduced fees for the counsel
for the Debtor appropriately.
Counsel for Sara Vaughn a/k/a Sara Dotomain and Robert Kob has seven (7) days within which to submit an affidavit and memorandum in support of their position regarding attorneys' fees. In the absence of such an affidavit and memorandum, the cross-motion will be denied.
DATED: August 28, 1990.
DONALD MacDONALD IV
United States Bankruptcy Judge
| Serve: | W. Pace, Esq. |
| J. Brennan, Esq. | |
| K. Legacki, Esq. | |
| U.S. Trustee | |
| Parties Requesting Notice |