Justine Realty Company v. American National Can Company

BEAM, Circuit Judge.

This is an appeal from a decision holding an acceleration clause in a settlement agreement to be an unenforceable penalty. Based on this decision holding the acceleration clause to be void, the district court also decided that appellant was not entitled to attorneys’ fees even though the settlement agreement provided for expenses incurred to enforce the acceleration clause. 745 F.Supp. 1493. We reverse and remand to the district court for further proceedings consistent with this opinion.

I. BACKGROUND

This case involves a settlement agreement entered into by Justine Realty…