DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
111850P.pdf 06/06/2014 Lewis Brothers Bakeries v. Interstate Brands Corporation
U.S. Court of Appeals Case No: 11-1850
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Colloton, Author, en banc opinion]
Civil case - Bankruptcy. For the panel opinion in the matter, see In re
Interstate Bakeries Corp., 690 F.3d 1069 (8th Cir. 2012). Appeal was not
moot in light of the sale of one trademark as the decision would still
affect the rights of both parties to remaining trademarks owned by
Interstate and subject to a license agreement; further, there was still a
live controversy on the question of whether the licensing agreement was
executory; the bankruptcy court erred in finding the agreement between the
parties was an executory contract under 11 U.S.C. Sec. 365(a) as the court
should have considered the Asset Purchase Agreement and the License
Agreement as one contract, and this integrated document was not an
executory contract because Interstate substantially performed all of its
obligations and its failure to perform any remaining obligations would not
be a material breach of the integrated agreement. Judge Bye, with whom
Judge Smith and Judge Kelly join, concurring in part and dissenting in
part.
111850P.pdf 08/30/2012 Lewis Brothers Bakeries v. Interstate Brands Corporation
U.S. Court of Appeals Case No: 11-1850
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Bye, Author, with Smith and Colloton, Circuit Judges]
Civil case - Bankruptcy. Bankruptcy Court did not err in finding that
debtor IBC's licensing agreement with Lewis Brothers was an executory
contract, subject to assumption or rejection under 11 U.S.C. Sec. 365.
Judge Colloton, dissenting.