IN RE SANDMAN ASSOCIATES, L.L.C.

Nos. 1:99CV00186, 1:00CV00023.

251 B.R. 473 (2000)

In re SANDMAN ASSOCIATES, L.L.C., Debtor. James E. Dye, Appellant, v. Sandman Associates, L.L.C., et al., Appellees. James E. Dye, Appellant, v. Sandman Associates, L.L.C., Appellee.

United States District Court, W.D. Virginia, Abingdon Division.

August 9, 2000.


Attorney(s) appearing for the Case

James E. Dye, Green & Hale, Bristol, TN, for Appellant.

Howard J. Beck, Jr., Gentry, Locke, Rakes & Moore, Roanoke, VA, for Appellee.


OPINION

JONES, District Judge.

In these consolidated bankruptcy appeals, the principal question presented is whether the debtor, a limited liability company, properly rejected a contract by which it granted a membership interest in return for an injection of capital. Finding that the contract was not executory, and thus not subject to rejection, I reverse the bankruptcy court.

I

The debtor in possession and appellee, Sandman Associates...

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