Markin Inc. v. JLG Industries, Inc. (In Re Markin Inc.)

MEMORANDUM OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

On May 29, 1981, Markim, Inc. (“the debtor”) filed a petition for a reorganization under chapter 11 of the Bankruptcy Code (“the Code”) and, on June 25, 1981, filed a complaint against JLG Industries, Inc. (“JLG”) seeking an injunction and damages for the refusal of JLG to sell repair and replacement parts to the debtor for JLG equipment previously bought by the debtor. In its answer and at trial, JLG admitted that it had refused (and continued to refuse) to sell parts to the debtor but asserted that it had a right to do so because the…