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IN RE EXIDE TECHNOLOGIES

No. 08-1872.

607 F.3d 957 (2010)

In re EXIDE TECHNOLOGIES, Debtors. Enersys Delaware, Inc., formerly known as EnerSys Inc., Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: June 1, 2010.

As Amended June 24, 2010.

Attorney(s) appearing for the Case

Robert Lapowsky, Esquire (Argued), Neil C. Schur, Esquire, Stevens & Lee, P. C., Philadelphia, PA, Joseph Grey, Esquire, Stevens & Lee, P. C., Wilmington, DE, for Appellant Enersys Delaware, Inc.

Laura Davis Jones, Esquire, James O'Neill, Esquire, Pachulski, Stang, Ziehl & Jones, LLP, Wilmington, DE, Matthew N. Kleiman, Esquire (Argued), Matthew N. Kleiman, P. C., Chicago, IL, Roger P. Furey, Esquire, John P. Sieger, Esquire, Andrew L. Wool, Esquire, Katten, Muchin, Rosenman, LLP, Washington, DC, for Appellee Exide Technologies.

Before: AMBRO, ROTH and ALARCÓN, Circuit Judges.

OPINION

ROTH, Circuit Judge:

This case presents the question whether the parties' Agreement is an executory contract. EnerSys Delaware, Inc., appeals the judgment of the District Court, which affirmed the Bankruptcy Court's order that the Agreement was an executory contract, subject to rejection under 11 U.S.C. § 365(a), and that Exide Technologies could reject it. We conclude, however, that EnerSys has substantially performed the Agreement. As a result...

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