LUBRIZOL ENTERPRISES v. RICHMOND METAL FINISHERS

No. 84-1539.

756 F.2d 1043 (1985)

LUBRIZOL ENTERPRISES, INC., Appellee, v. RICHMOND METAL FINISHERS, INC., Appellant. In re RICHMOND METAL FINISHERS, INC., Debtor.

United States Court of Appeals, Fourth Circuit.

Decided March 15, 1985.


Attorney(s) appearing for the Case

James R. Sheeran, Richmond, Va., for appellant.

Marilyn Shea-Stonum (Jeanne M. Rickett, Jones, Day, Reavis & Pogue, Washington, D.C., Benjamin C. Ackerly, Dennis T. Lewandowski, Richmond, Va., Hunton & Williams, Washington, D.C., on brief), for appellee.

Before PHILLIPS and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.


JAMES DICKSON PHILLIPS, Circuit Judge:

The question is whether Richmond Metal Finishers (RMF), a bankrupt debtor in possession, should have been allowed to reject as executory a technology licensing agreement with Lubrizol Enterprises (Lubrizol) as licensee. The bankruptcy court approved rejection pursuant to 11 U.S.C. § 365(a), 34 B.R. 521 stay denied 36 B.R. 270; but the district court reversed...

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