K & B Food Services, Inc. v. County of Mercer

OPINION

BARRY, Circuit Judge.

The long and torturous history of this case need not be recounted in much detail given that we write for the parties only, who are intimately familiar with what has gone before. Suffice it to say that extensive proceedings have taken place in the Bankruptcy Court, the District Court, and this Court over a period of many years. Those proceedings will now come to an end. In sum, we will vacate the order of the District Court insofar as that order found the contract at issue unenforceable and set aside the damage award ordered by the Bankruptcy Court and we will…