Legal Opinion

In Re M & S Amusement Enterprises, Inc.

District Court, D. Delaware

Decided June 28, 1954No. 1553PublishedCited by 8 opinions

1Opinion of the Court

LEAHY, Chief Judge.

Debtor in possession seeks instructions re rejection of an executory contract dated May 15, 1952, and supplemented October 28, 1952, with creditor Berio Vending Company, which was a concessionaire of foodstuffs at Debtor’s drive-in open-air motion picture theater. Petition for reorganization under Chapter X, 11 U.S.C.A. § 501 et seq., was filed on December 31, 1953. Before and since the filing of the petition, Debtor has not received cash payments of its 25% of concessionaire’s gross sales as agreed to by the parties, because by other terms of the agreement Berio may retain…

2Cases cited4 opinions

  1. In Re Italian Cook Oil Corp.Court of Appeals for the Third Circuit · 1951
  2. Title Insurance & Guaranty Co. v. HartCourt of Appeals for the Ninth Circuit · 1947
  3. Johnson v. KurnCourt of Appeals for the Eighth Circuit · 1938
  4. In Re Childs Co.District Court, S.D. New York · 1944

3Cited by8 opinions

  1. Texas Importing Company, Ltd. v. Banco Popular De Puerto Rico, Etc.Court of Appeals for the Fifth Circuit · 1966
  2. Entin v. StevensCourt of Appeals for the Eighth Circuit · 1963
  3. In re Imperial "400" National, Inc.Court of Appeals for the Third Circuit · 1970
  4. Matter of Tilco, Inc.District Court, D. Kansas · 1976
  5. DiLauro v. Electronic Wholesalers, Inc.District of Columbia Court of Appeals · 1968

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