Legal Opinion
Lewis Brothers Bakeries Inc. v. Interstate Brands Corp. (In Re Interstate Bakeries Corp.)
Court of Appeals for the Eighth Circuit
Decided June 6, 2014No. 11-1850PublishedCited by 16 opinions
1Opinion of the Court
COLLOTON, Circuit Judge.
Interstate Bakeries Corporation (“Interstate Bakeries”) and Lewis Brothers Bakeries, Inc. (“LBB”) both sought a declaratory judgment from the bankruptcy court to determine whether a license agreement between Interstate Brands Corporation (“IBC”), a subsidiary of Interstate Bakeries, and LBB was executory under 11 U.S.C. § 365(a). The bankruptcy court ruled that the agreement was executory, and the district court affirmed. Because the license agreement was part of a larger, integrated agreement that IBC has substantially performed, we reverse.
I
In 1995, Interstate…
2Cases cited18 opinions
- MedImmune, Inc. v. Genentech, Inc.Supreme Court of the United States · 2007
- Already, LLC v. Nike, Inc.Supreme Court of the United States · 2013
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Nicholas v. United StatesSupreme Court of the United States · 1966
- Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
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3Cited by16 opinions
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- ConocoPhillips Company v. Noble Energy, Inc.Court of Appeals of Texas · 2015
- Noble Energy, Inc. v. Conocophillips CompanyTexas Supreme Court · 2017
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