FABRIQUE, INC. v. CORMAN

No. 86-1460.

813 F.2d 725 (1987)

Fabrique, Inc., a Texas Corporation, Plaintiff-Appellee, v. Jack CORMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 7, 1987.


Attorney(s) appearing for the Case

Hubert D. Johnson, Johnson & Cravens, Dallas, Tex., for defendant-appellant.

Thomas A. Albright, Jenkens & Gilchrist, Dallas, Tex., for plaintiff-appellee.

Before THORNBERRY, GEE, and REAVLEY, Circuit Judges.


GEE, Circuit Judge:

In 1977 the appellant, Jack Corman, leased some property to a tenant which built and operated a restaurant on it. A later operator, which had taken an assignment of the lease with Corman's signed consent, took Chapter 11 bankruptcy. In the bankruptcy proceeding, Corman asserted a right to possession of the premises. The bankruptcy judge disagreed, allowing the bankrupt to sell the lease to the appellee, Fabrique, Inc. Corman appealed that decision...

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