In re Bergeron, No. 484-0225 (Bankr. W.D. La. 12-11-84) Slip Opinion; aff'd, No. 85-0122 (W.D. La. 4-9-85) Slip Opinion; aff'd, No. 85-4314 (5th Cir. 9-13-86) Slip Opinion
Bankruptcy court granted, district and appellate courts affirmed, summary judgment for franchisor. Franchisor gave notice of termination 30 days before effective date, but did nothing to effectuate the termination. Franchisee sought injunctive relief, damages and attorneys' fees whereupon franchisor withdrew its notice of termination. Franchisor then moved for summary judgment and filed for relief under Chapter 11. When franchisee failed to respond to the MSJ, the bankruptcy court granted it. Affirmed by district court.