Legal Opinion

In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra Corporation

Court of Appeals for the Fourth Circuit

Decided March 18, 2004No. 03-1193PublishedCited by 97 opinions

1Opinion of the Court

OPINION

KING, Circuit Judge:

RCI Technology Corporation appeals from an order entered in the District of Maryland affirming the bankruptcy court’s ruling in favor of Sunterra Corporation. RCC Tech. Corp. v. Sunterra Corp., 287 B.R. 864 (D.Md.2003). 1 RCI contends that the district court erred in ruling that Sun-terra, as the Chapter 11 debtor in possession, was entitled to assume a nonexclusive license of copyrighted software. 2 On appeal, we are called upon to decide whether, pursuant to 11 U.S.C. § 365(c), such a debtor in possession may assume, over the licensor’s objection, a nonexclusive…

2Cases cited33 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  4. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  5. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982

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3Cited by97 opinions

  1. Bruce Goldfarb v. Mayor and City Council of BaltimoreCourt of Appeals for the Fourth Circuit · 2015
  2. Robert Ranta v. Thomas GormanCourt of Appeals for the Fourth Circuit · 2013
  3. Bonneville Power Administration v. Mirant Corp.Court of Appeals for the Fifth Circuit · 2006
  4. Total Realty Management, LLC v. R. A. North Development, IncorporatedCourt of Appeals for the Fourth Circuit · 2013
  5. In Re WatsonUnited States Bankruptcy Court, E.D. Virginia · 2005

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