United States Seventh Circuit

In an action involving the assignment of rights to a landfill after a bankruptcy, district court's judgment is affirmed where: 1) the failure of third party RTC to pay the advance royalty was a material breach that justified defendant's invocation of the termination provisions of the lease; and 2) the terminated lease between defendant and third party RTC means that the rights to the landfill are not available to any of RTC's creditors, and thus plaintiff-creditor cannot obtain the lease by assignment.

Appellate Information

• Decided 04/08/2009
• Published 04/08/2009

Judges

• WOOD, Circuit Judge., Before MANION, WOOD, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Colleen E. McManus (argued), Much, Shelist, Freed, Denenberg, Ament & Rubenstein, Chicago, IL, for Appellant.


• For Appellees:
  
• Phillip L. Comella, Sara E. Lorber (argued), Seyfarth Shaw, Chicago, IL, for Appellee.