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IN RE INTERSTATE BAKERIES CORP.

No. 11-1850.

751 F.3d 955 (2014)

In re INTERSTATE BAKERIES CORPORATION, Debtor, Lewis Brothers Bakeries Incorporated and Chicago Baking Company, Appellant, v. Interstate Brands Corporation, Appellee, United States; Federal Trade Commission, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Filed: June 6, 2014.

Attorney(s) appearing for the Case

J. Mark Fisher , Chicago, IL, for appellant.

Paul M. Hoffmann , Kansas City, MO, for appellee.

Adam D. Chandler , Washington, DC, for amicus parties.

Before RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.

COLLOTON, Circuit Judge.

Interstate Bakeries Corporation ("Interstate Bakeries") and Lewis Brothers Bakeries, Inc. ("LBB") both sought a declaratory judgment from the bankruptcy court to determine whether a license agreement between Interstate Brands Corporation ("IBC"), a subsidiary of Interstate Bakeries, and LBB was executory under 11 U.S.C. § 365(a). The bankruptcy court ruled that the agreement was executory, and the district court affirmed. Because the...

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