ZAGATA FABRICATORS, INC. v. SUPERIOR AIR PRODUCTS

No. 89-5618.

893 F.2d 624 (1990)

In The Matter of ZAGATA FABRICATORS, INC. v. SUPERIOR AIR PRODUCTS, Creditor, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 12, 1990.


Attorney(s) appearing for the Case

Ravin, Greenberg & Zackin, P.A., Roseland, N.J., Allan M. Harris (argued), of counsel for appellant, Superior Air Products, Inc.

Kathryn Ferguson, Michael A. Zindler (argued), Markowitz and Zindler, Lawrenceville, N.J., for Zagata Fabricators, Inc.

Before GIBBONS, Chief Judge, SCIRICA, Circuit Judge and WALDMAN, District Judge.


OPINION OF THE COURT

GIBBONS, Chief Judge:

Superior Air Products ("Superior") appeals a decision of the Bankruptcy Court of New Jersey, affirmed by the District Court, excusing Zagata Fabricators, Inc. ("Zagata") from its obligation to pay rent to Superior under a lease agreement entered into on December 15, 1984. Zagata signed this lease in order to take possession of real estate owned by Superior which had been the object of a contract of sale between...

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