Legal Opinion

Glosser v. Maysville Regional Water District

Court of Appeals for the Third Circuit

Decided March 9, 2006No. 05-2489PublishedCited by 2 opinions

1Opinion of the Court

*35OPINION

SLOVITER, Circuit Judge.

At issue is whether a contract entered into by the debtor is executory and therefore one that the bankruptcy trustee may assume and assign under 11 U.S.C. § 365. Both the Bankruptcy Court and the District Court held that the contract is not executory.

I

The relevant facts are undisputed, well-known to the parties, and were set forth in full in the opinions below. We thus summarize for purposes of this appeal. On March 15, 1993, Midwest Portland Cement Company (Midwest), and appellee Mays-ville Regional Water Department (Mays-ville), entered into a contract for the…

2Cases cited8 opinions

Sharon Steel Corporation v. National Fuel Gas Distribution Corporation, Intervenor: James W. Toren, TrusteeCourt of Appeals for the Third Circuit · 1989
In Re Columbia Gas System Inc.Court of Appeals for the Third Circuit · 1995
In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra CorporationCourt of Appeals for the Fourth Circuit · 2004
In the Matter of James Taylor, Debtor. Delightful Music Ltd. v. James TaylorCourt of Appeals for the Third Circuit · 1990
Carlisle Homes, Inc. v. Azzari (In Re Carlisle Homes, Inc.)United States Bankruptcy Court, D. New Jersey · 1988

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3Cited by2 opinions

In Re Abitibibowater Inc.United States Bankruptcy Court, D. Delaware · 2009
In Re Innovative Communication Co., LLCDistrict Court, Virgin Islands · 2008