Raddison Design Mgmt. v. Cummins

Plaintiff, the purchaser of a bankrupt Canadian subcontractor's assets, filed a suit against defendant general contractor, seeking to enforce the subcontractor's rights under a contract with the contractor. The contractor moved to dismiss the suit for lack of subject matter jurisdiction. He contended that the purchaser could not assert claims under the executory contract because the contract contained an enforceable non-assignment provision.