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1
 Fed. R. Bankr. P. 7056.
2
 
 Id 
.;
Celotex Corp. v. Catrett 
, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1983).
IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MISSOURI
In re:))INTERSTATE BAKERIES CORP., et al.,)Case No. 04-45814)Debtor.))LEWIS BROTHERS BAKERIES INC., and)CHICAGO BAKING CO., ))Plaintiffs, ))v.)Adv. No. 08-4239)INTERSTATE BRANDS CORP.,))Defendant.)
MEMORANDUM OPINION
This matter comes before the Court on cross-motions for summary judgment. The sole issuefor consideration in these motions as well as the Plaintiffs’ complaint is whether a license agreement between the parties granting the Plaintiffs a perpetual, royalty-free trademark license (the “License”)to certain brands of bread is an executory contract for purposes of assumption pursuant to 11 U.S.C.§ 365. The Defendant argues that it is; the Plaintiffs argue that it is not. For the reasons stated below, the Court finds that the undisputed facts establish that the License is an executory contract.Therefore, the Court will grant the Defendant’s motion for summary judgment and deny thePlaintiffs’ motion.
STANDARD OF REVIEW
Summary judgment is appropriate when the pleadings, discovery, and any affidavits showthat there is no genuine issue of material fact and that the moving party is entitled to judgment asa matter of law.
1
 In a motion for summary judgment, the moving party has the initial burden of demonstrating the absence of genuine issues of material fact.
2
 Once the moving party has met this
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3
 
 Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp.
, 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d538 (1986);
 Bass v. SBC Communications, Inc.
, 418 F.3d 870, 872-73 (8th Cir. 2005).
2initial burden of proof, the non-moving party must set forth specific facts sufficient to raise agenuine issue for trial and may not rest on its pleadings; self-serving allegations or mere assertionsof disputed fact are insufficient to defeat the motion.
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PROCEDURAL BACKGROUND
The Debtor, Interstate Bakeries Corp., first disclosed the existence of the License with thePlaintiffs Lewis Brothers Bakeries Inc., and Chicago Baking Co. (collectively “LBB/CBC”) in anamended exhibit filed on November 21, 2008, to its proposed plan of reorganization. Apparently,the Debtor had failed to disclose the license agreement as an executory contract in its BankruptcySchedules and Statements of Financial Affairs. The amended exhibit – Amended Plan Exhibit O:Schedule of Assumed Unexpired Leases and Non-Union Executory Contracts – identified theLicense as one of the executory contracts the Debtor intended to assume as part of its plan of reorganization. LBB/CBC filed this adversary complaint on December 1, 2008, seeking adetermination that the license agreement is not an executory contract for purposes of assumption or rejection under 11 U.S.C. § 365.On December 4, 2008, the Debtor filed a motion to reject the License. The Debtor’s Answer and Counterclaim to LBB/CBC’s complaint, filed on January 8, 2009, reiterated its intent to rejectthe License and sought a declaratory judgment that the License is an executory contract capable of rejection under § 365.Both parties filed motions for summary judgment. Shortly after each party had filed aresponse to the other’s motion for summary judgment, however, the Debtor filed a noticewithdrawing its motion to reject the License filed in the main case and its Counterclaim seekingrejection of the License. The notice further stated that the Debtor was “reinstating” its request toassume the License pursuant to Amended Plan Exhibit O, and that the withdrawal of itsCounterclaim does not affect its request for a declaratory judgment that the License is an executorycontract. The Court granted the Debtor’s withdrawal of its Counterclaim on April 27, 2010.
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UNDISPUTED FACTS
The Court’s recitation of undisputed facts is limited to those bearing on whether the Licenseis executory; facts bearing on the propriety of IBC’s now-withdrawn Counterclaim and motion toreject the License have been omitted.1.On September 22, 2004, Interstate Bakeries Corporation and eight other subsidiaries andaffiliates, including Defendant Interstate Brands Corporation (“IBC”), filed Chapter 11 voluntary bankruptcy petitions in this Court. 2.Plaintiff Lewis Brothers Bakeries Inc., is a Missouri corporation, and Plaintiff ChicagoBaking Co., is an Illinois corporation, wholly-owned by Lewis Brothers Bakeries Inc. 3.On or about January 9, 1996, in conjunction with Interstate Bakeries Corp.’s acquisition of Continental Baking Company – owner of the Wonder Bread and Hostess brands and trademarks – the United States District Court for the Northern District of Illinois entered a final judgment(“Judgment”) in an antitrust action brought by the United States Department of Justice and captioned
U.S. v. Interstate Bakeries Corporation and Continental Baking Company
 (N.D. Ill., Case No. 95C 4194).4.The Judgment required that, as a condition of Interstate Bakeries Corp.’s acquisition of Continental Baking, IBC divest itself of certain rights and assets for the purpose of establishingviable competitors in the sale of “White Pan Bread” in and around the Chicago, Illinois area. 5.With regard to IBC’s divestiture of trademarks, the Judgment directed IBC to grant to oneor more purchasers a “perpetual, royalty-free, assignable, transferable, exclusive” license to use the“Relevant Labels,” which included the Butternut Label and Wonder Label in the Chicago Territory(defined in the Judgment), and either the Butternut, Sunbeam, or Wonder Label in the CentralIllinois Territory (also defined in the Judgment).6.The Judgment states that it “expires” on the tenth anniversary of the date of its entry.7.On December 27, 1996, IBC, CBC, and LBB entered into an Asset Purchase Agreement(“APA”) under which IBC, in exchange for $20 million paid by LBB and CBC and the assumptionof various liabilities related to IBC’s businesses, would sell to LBB and CBC its Butternut Bread business operations and assets in the Chicago Territory, as well as its Sunbeam Bread businessoperations and assets in the Central Illinois Territory. IBC is designated as the “Seller” in the APAand all of the assets that IBC “shall sell” to LBB/CBC, including the trademarks, are defined as the“Assets Purchased.” Under the APA, IBC agreed to grant a “perpetual, royalty-free, assignable,transferable exclusive license” to use the Butternut trademark and the other IBC trademarks in theChicago Territory.
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