Sherman v. Southland Corp

* District Judge of the Eastern District of Louisiana, sitting by designation.
United States Court of Appeals
Fifth Circuit
F I L E D
May 12, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
____________
No. 02-11008
____________
In The Matter Of: COLLEGE CONNECTION INC.,
Debtor.
______________________________________________________
DANIEL J. SHERMAN, Chapter 7 Trustee,
Appellant,
versus
THE SOUTHLAND CORPORATION, now known as 7-Eleven Inc.,
Appellee.
Appeal from the United States District Court
For the Northern District of Texas
No. 3:02-CV-220-R
Before EMILIO M. GARZA and DeMOSS, Circuit Judges, and DUVAL*, District Judge.

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** Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
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PER CURIAM:**
Daniel J. Sherman, the Chapter 7 trustee for the bankruptcy estate of debtor College
Connection, Inc. (“the Trustee”), appeals the district court’s affirmance of the bankruptcy court’s
take-nothing final judgment with respect to the Trustee’s claims against the Southland Corporation,
now known as 7-Eleven, Inc. (“7-Eleven”). The Trustee contends that the bankruptcy court erred
in concluding that the agreement between the debtor and 7-Eleven was not a viable executory
contract for purposes of 11 U.S.C. § 365 at the time of the debtor’s bankruptcy filing because, inter
alia, debtor’s sale of proprietary baked goods to 7-Eleven’s competitors was a material breach of that
agreement. The Trustee also argues that the bankruptcy court erred in concluding that the estate was
not entitled to recover from 7-Eleven on any theory asserted. Lastly, the Trustee contends that the
bankruptcy court abused its discretion in admitting certain documents and expert testimony into
evidence and refusing to order compliance with particular subpoenas.
We have read the briefs, heard the arguments of counsel, and consulted the pertinent portions
of the record. On the basis of the applicable law and the record, we affirm essentially for the reasons
given by the district court.
AFFIRMED.

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