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IN RE JAMES CABLE PARTNERS, L.P.

No. 93-8898.

27 F.3d 534 (1994)

In re JAMES CABLE PARTNERS, L.P., Debtor. The CITY OF JAMESTOWN, TENNESSEE, Plaintiff-Appellant, v. JAMES CABLE PARTNERS, L.P., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 3, 1994.

Attorney(s) appearing for the Case

Frank William DeBorde, David A. Rabin, Morris, Manning & Martin, Atlanta, GA, for appellant.

Morris W. Macey, James R. Sacca, Atlanta, GA, for appellee.

Before COX, Circuit Judge, JOHNSON, Senior Circuit Judge, and PAINE, Senior District Judge.

PER CURIAM:

On this appeal we address the question of whether a cable television franchise agreement between a debtor and non-debtor may be assumed by that debtor as debtor in possession over the non-debtor's objection under 11 U.S.C. § 365(c)(1). We conclude that such an assumption is permissible.

I. BACKGROUND

In March of 1977, the City of Jamestown, Tennessee (the "City"), granted Clarence R. Harding the exclusive right to erect, maintain...

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