Legal Opinion
In the Matter of Zagata Fabricators, Inc. v. Superior Air Products, Creditor
Court of Appeals for the Third Circuit
Decided January 12, 1990No. 89-5618PublishedCited by 38 opinions
1Opinion of the Court
OPINION OF THE COURT
GIBBONS, Chief Judge:
Superior Air Products (“Superior”) appeals a decision of the Bankruptcy Court of New Jersey, affirmed by the District Court, excusing Zagata Fabricators, Inc. (“Zagata”) from its obligation to pay rent to Superior under a lease agreement entered into on December 15, 1984. Zagata signed this lease in order to take possession of real estate owned by Superior which had been the object of a contract of sale between Zagata and Superior. Execution of the contract was prevented, however, by a state law requiring Superior to clean up industrial pollutants that…
2Cases cited5 opinions
- Philadelphia Co. v. DippleSupreme Court of the United States · 1941
- 48th Street Steakhouse, Inc. v. Rockefeller Center, Inc. (In Re 48th Street Steakhouse, Inc.)United States Bankruptcy Court, S.D. New York · 1986
- Barry M. Dechtman, Inc. v. Sidpaul Corp.Supreme Court of New Jersey · 1982
- In Re Mohawk Industries, Inc.United States Bankruptcy Court, D. Massachusetts · 1985
- Boyle v. LJC Corp. (In Re LJC Corp.)District Court, District of Columbia · 1983
3Cited by38 opinions
- In Re Trans World Airlines, Incorporated, Debtor. Interface Group-Nevada, Incorporated v. Trans World Airlines, Incorporated. Thomas E. Ross, Trustee. In Re Trans World Airlines, Incorporated, Debtor. Interface Group-Nevada, Incorporated v. Trans World Airlines, Incorporated, Thomas E. Ross, TrusteeCourt of Appeals for the Third Circuit · 1998
- In Re Goody's Family Clothing Inc.Court of Appeals for the Third Circuit · 2010
- Polysat, Inc. v. Union Tank Car Co. (In Re Polysat, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1993
- Matter of Continental Airlines, Inc.United States Bankruptcy Court, D. Delaware · 1992
- In Re Marcal Paper Mills, Inc.Court of Appeals for the Third Circuit · 2011
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