Meritain Health Inc:, No. 2:2011cv00225 - Document 21 (S.D. Tex. 2012)

Court Description: MEMORANDUM OPINION and ORDER. Based upon the foregoing discussion, the decision of the Bankruptcy Court is affirmed. The order is affirmed with respect to its finding that the August 31, 2009 termination of the Agreement was not nullified by the co ntinued performance of the parties. In this regard, its findings of fact are not clearly erroneous, and this Court finds its legal conclusions to be accurate. Since it finds that ASARCO'S notice of termination was rightfully exercised and was not subsequently nullified, the Court need not reach the other grounds relied upon by the Bankruptcy Court. (Signed by Judge Andrew S. Hanen) Parties notified.(bcampos, )