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In Re James Cable Partners, L.P., Debtor. The City of Jamestown, Tennessee v. James Cable Partners, L.P.

Court of Appeals for the Eleventh Circuit

Decided August 3, 1994No. 93-8898PublishedCited by 57 opinions

1Per curiam

On this appeal we address the question of whether a cable television franchise agreement between a debtor and non-debtor may be • assumed by that debtor as debtor in possession over the non-debtor’s objection under 11 U.S.C. § 365(c)(1). We conclude that such an assumption is permissible.

I. BACKGROUND

In March of 1977, the City of Jamestown, Tennessee (the “City”), granted Clarence R. Harding the exclusive right to erect, maintain, and operate a cable television system within its municipal limits (the “cable franchise agreement”). That grant was enacted into law as City Ordinance No. I 3-1-77…

2Cases cited18 opinions

  1. In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
  2. Richmond Leasing Co. v. Capital Bank, N.A.Court of Appeals for the Fifth Circuit · 1985
  3. In Re Braniff Airways, Inc.Court of Appeals for the Fifth Circuit · 1983
  4. In the Matter of West Electronics Inc. Appeal of United States of America, by the United States Air ForceCourt of Appeals for the Third Circuit · 1988
  5. Maria Gonzalez and Daniel Sirotsky v. Gene McNary and Richard SmithCourt of Appeals for the Eleventh Circuit · 1993

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3Cited by57 opinions

  1. In Re Freddie Maxton Bush, Debtor. Freddie Maxton Bush v. Balfour Beatty Bahamas, LimitedCourt of Appeals for the Eleventh Circuit · 1995
  2. In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra CorporationCourt of Appeals for the Fourth Circuit · 2004
  3. Summit Investment and Development Corporation v. Edward G. Leroux, Jr., Summit Investment and Development Corporation v. Albert F. Curran, Sr.Court of Appeals for the First Circuit · 1995
  4. United States v. David Grigsby, Doris GrigsbyCourt of Appeals for the Eleventh Circuit · 1997
  5. In Re EpsteinCourt of Appeals for the Eleventh Circuit · 1995

52 more not listed; retrieve them via the Exa API.

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