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IN RE INTERSTATE BAKERIES CORP.

No. 11-1850.

690 F.3d 1069 (2012)

In re INTERSTATE BAKERIES CORPORATION, Debtor. Lewis Brothers Bakeries Incorporated and Chicago Baking Company, Appellant v. Interstate Brands Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 30, 2012.

Attorney(s) appearing for the Case

Eugene J. Geekie, Jr. , argued, Chicago, IL, Leslie A. Greathouse , Eric L. Johnson , Kansas City, MO, Catherine M. Masters , Peter Bartoszek , Chicago, IL, on the brief, for Appellant.

Paul M. Hoffmann , argued, Nicholas Zluticky , on the brief, Kansas City, MO, for Appellee.

Before BYE, SMITH, and COLLOTON, Circuit Judges.

BYE, Circuit Judge.

In 1996, Interstate Bakeries Corporation granted licenses to some of its trademarks to Lewis Brothers Bakeries, Inc., in certain Illinois territories. In 2004, Interstate Bakeries Corporation filed for Chapter 11 bankruptcy, and later contended its licensing agreement with Lewis Brothers Bakeries was an executory contract, subject to assumption or rejection under 11 U.S.C. § 365. The bankruptcy court agreed and concluded the agreement was...

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