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Opinion

734 F.2d 1200

U.S. Court of Appeals for the Seventh Circuit · 1984-05-14

· GavelSight synced 2026-09-06 03:14:58

TERENCE T. EVANS, District Judge,
dissenting.
Although Judge Flaum’s opinion is meticulous and his reasoning persuasive, the subject matter of this appeal, things like the assumability of certain jobbership contracts under the Petroleum Marketing Practices Act, is rather dry. Accordingly, rather than further burden the weary reader with a long dissent, I simply note, without expansion, that I believe that the district court was correct when it held that the debtors could not assume the jobber-ship contract. In addition, I believe that under the facts of this case the seeking of injunctive relief under PMPA is so inextricably tied to the creation of the estate in bankruptcy that it compels the conclusion that it is not a related proceeding within the meaning of the interim rule. Thus, I would affirm all aspects of the proceedings conducted below.

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