IN RE REPH ACQUISITION CO.

Civ. A. Nos. CA3-90-2407-D, CA3-90-2408-D, Bankruptcy Nos. 389-38126-SAF-11, 389-38127-SAF-11, Adv. No. 390-3210.

134 B.R. 194 (1991)

In re REPH ACQUISITION COMPANY and Republic Health Corporation, Debtors. REPUBLIC HEALTH CORPORATION, Movant-appellant-cross-appellee, v. CORAL GABLES, LTD., Nonmovant-appellee-cross-appellant. REPUBLIC HEALTH CORPORATION and Coral Gables Hospital, Inc., Plaintiffs-appellees, v. CORAL GABLES, LTD., Defendant-appellant.

United States District Court, N.D. Texas, Dallas Division.

December 17, 1991.


Attorney(s) appearing for the Case

Mark E. MacDonald (argued), Stephen C. Morton, and Daren W. Perkins of Johnson & Gibbs, P.C., Dallas, Tex., for Republic Health Corp. and Coral Gables Hosp., Inc.

Dean M. Gandy, Marvin R. Mohney, and J. Christopher Luna (argued) of Akin, Gump, Strauss, Hauer & Feld, Brian S. Book, Thomas H. Grace, and Michelle E. Shriro of Arter & Hadden, Dallas, Tex., for Coral Gables, Ltd.


FITZWATER, District Judge:

These are appeals and a cross-appeal from orders of the bankruptcy court denying a motion under 11 U.S.C. § 365(d)(4) to assume an unexpired nonresidential lease and granting a permanent injunction precluding the lessor from continuing a state court eviction action filed post-petition and from seeking to terminate the lease as to a nonbankrupt co-lessee based upon the bankrupt's rejection of the lease and bankruptcy filing. Finding...

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