Legal Opinion

Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., Debtor

Court of Appeals for the Fourth Circuit

Decided March 15, 1985No. 84-1539PublishedCited by 204 opinions

1Opinion of the Court

JAMES DICKSON PHILLIPS, Circuit Judge:

The question is whether Richmond Metal Finishers (RMF), a bankrupt debtor in possession, should have been allowed to reject as executory a technology licensing agreement with Lubrizol Enterprises (Lubrizol) as licensee. The bankruptcy court approved rejection pursuant to 11 U.S.C. § 365(a), 34 B.R. 521 stay denied 36 B.R. 270; but the district court reversed on the basis that within contemplation of § 365(a), the contract was not executory and, alternatively, that rejection could not reasonably be expected substantially to benefit the bankrupt debtor. 38…

2Cases cited15 opinions

National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
Group of Institutional Investors v. Chicago, M., St. P. & P.R. Co., and 9 Other CasesSupreme Court of the United States · 1943
Hassett v. Revlon, Inc. (In Re O. P. M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
In the Matter of James Minges, Debtor. Control Data Corporation v. Steven Zelman, Trustee-AppelleeCourt of Appeals for the Second Circuit · 1979
Fed. Sec. L. Rep. P 95,916 Howard Polin, Etc. v. Conductron CorporationCourt of Appeals for the Eighth Circuit · 1977

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

3Cited by204 opinions

Mission Product Holdings, Inc. v. Tempnology, LLCSupreme Court of the United States · 2019
Sharon Steel Corporation v. National Fuel Gas Distribution Corporation, Intervenor: James W. Toren, TrusteeCourt of Appeals for the Third Circuit · 1989
In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra CorporationCourt of Appeals for the Fourth Circuit · 2004
Abboud v. Ground Round, Inc. (In Re Ground Round, Inc.)Court of Appeals for the First Circuit · 2007
In Re Chateaugay Corp.United States Bankruptcy Court, S.D. New York · 1989

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