Legal Opinion
In Re Roth American, Inc., Debtor. Teamsters Local Union No. 401 Health & Welfare Fund International Brotherhood of Teamsters, Local 401
Court of Appeals for the Third Circuit
Decided September 3, 1992No. 91-5564PublishedCited by 128 opinions
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Chief Judge.
Before us is an appeal by the International Brotherhood of Teamsters Local 401 (the Union) from a district court order that affirmed a bankruptcy court order (1) rejecting the Union’s claim for unearned wages for breach of a post-petition agreement to maintain operations for two years, and (2) ruling that the Union’s claims for severance pay and vacation pay against a Chapter 11 debtor, Roth American, Inc., were entitled to an administrative priority only to the extent that these benefits were earned post-petition.
I
Facts and Procedural History
Roth…
2Cases cited29 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- J. I. Case Co. v. National Labor Relations BoardSupreme Court of the United States · 1944
- In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
- In Re Sharon Steel Corporation, Debtor. Appeal of Dwg Corporation and Victor PosnerCourt of Appeals for the Third Circuit · 1989
- In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
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3Cited by128 opinions
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- In Re Virginia M. Pelkowski A/K/A Virginia M. Dodd, Debtor, Ohio Student Loan Commission, the Loan Servicing Center, James K. McNamara Esq., TrusteeCourt of Appeals for the Third Circuit · 1993
- In Re LavigneCourt of Appeals for the Second Circuit · 1997
- In Re Continental Airlines, Inc., Debtor. Eastern Pilots Merger Committee v. Continental Airlines, Inc., Patricia A. Staiano, TrusteeCourt of Appeals for the Third Circuit · 2002
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