holding that the court must ascertain whether a contract has been validly terminated pre-bankruptcy in passing upon a request to assume the contract under § 365 and further stating that the filing of a Chapter 11 petition cannot resuscitate previously extinguished contract rights
Summary of this case from In re Redman Oil Co., Inc.No. 84-463.
November 5, 1984, OCTOBER TERM, 1984.
C.A. 2d Cir. Certiorari denied. Reported below: 738 F. 2d 548.
holding that the court must ascertain whether a contract has been validly terminated pre-bankruptcy in passing upon a request to assume the contract under § 365 and further stating that the filing of a Chapter 11 petition cannot resuscitate previously extinguished contract rights
Summary of this case from In re Redman Oil Co., Inc.enforcing published rate where both shipper and carrier believed lower rate applied
Summary of this case from Accura Systems, Inc. v. Watkins Motor Linesstating any right to cure to prevent termination provided by state law has been preempted by the PMPA
Summary of this case from In re Herbertconstruing the right-to-petition clause as covering only lawsuits "concerned about political expression," and noting "a private office dispute cannot be constitutionalized merely by filing a legal action"
Summary of this case from Santella v. Grishaberfiling of chapter 11 petition can not resuscitate rights under a contract which was validly terminated prepetition
Summary of this case from In re Pyramid Operating Authority, Inc.consolidating claims of university-wide problem
Summary of this case from In re Greyhound LinesFull title:SPIEGEL, INC. v. ALDON ACCESSORIES, LTD
Court:U.S.
Date published: Nov 5, 1984
1 nn. 17.1, 18. He even distinguishes Aldon Accessories Ltd. v. Spiegel, Inc., 738 F.2d 548 (2d Cir.), cert.…
Auriemma v. RiceThe plaintiffs' final claim, asserted in Count V, concerns the "harass[ment] and retaliat[ion] against police…