3dfx Interactive v. aVidia Corp. (In re 3dfx Interactive)
Jan
06
2009
Ruling
Committee could not seek to assume "executory" contract after trustee had prosecuted a claim against the contracting party.
Procedural posture
Plaintiff, the official committee of equity security holders of the debtor, brought claims against defendant a party which had contracted with the debtor, seeking to assume the allegedly executory contract and enforce it in conjunction with confirmation of the debtor's plan. The contracting party asserted that the contract was not executory and that the claim was time-barred. The parties filed cross-motions for summary judgment.
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Court
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