IN RE LUMMUS DEVELOPMENT CORP.

No. 95-8916.

85 F.3d 575 (1996)

In re LUMMUS DEVELOPMENT CORPORATION, Debtor. LUMMUS CORPORATION, Plaintiff-Appellant, v. UNSECURED CREDITORS' COMMITTEE OF LUMMUS INDUSTRIES, INC. and Michael P. Cielinski, Chapter 7 Trustee, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 18, 1996.


Attorney(s) appearing for the Case

C.L. Wagner, Jr., Hunton & Williams, Atlanta, GA, Virginia W. Powell, Tyler P. Brown, Hunton & Williams, Richmond, VA, and Robert Kevin Imperial, Columbus, GA, for appellant.

Ward Stone, Jr., David A. Garland, Macon, GA, and Michael Patrick Cielinski, Columbus, GA, for appellees.

Before HATCHETT, Circuit Judge, HENDERSON, Senior Circuit Judge, and MILLS, District Judge.


HATCHETT, Circuit Judge:

Appellant, Lummus Corporation (LC), appeals the district court's decision concluding that the unambiguous language of an Asset Purchase Agreement between LC and appellee, Lummus Industries (LI), did not convey as an asset LI's right to collect a debt from an intercompany loan made to Lummus Development Corporation (LDC), a subsidiary of LI.

BACKGROUND

LI filed a Chapter 11 petition in bankruptcy court on November 3, 1992...

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