Legal Opinion

Teamsters National Freight Industry Negotiating Committee v. Howard's Express, Inc.

Court of Appeals for the Second Circuit

Decided October 5, 2005No. Docket No. 04-2306-BKPublishedCited by 40 opinions

1Opinion of the Court

SUMMARY ORDER

UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the order of the district court is REVERSED and the order of the bankruptcy court is AFFIRMED.

Debtor-appellee Howard’s Express, Inc. (“the Company”) filed a petition under Chapter 11 of the bankruptcy code and moved for authorization to reject the collective bargaining agreement with its unionized employees pursuant to 11 U.S.C. § 1113. The bankruptcy court (Ninfo, J.) granted the motion. Appellant Teamsters National Freight Industry Negotiating Committee and its affiliated local unions (collectively, “the…

2Cases cited5 opinions

  1. Bank Brussels Lambert v. Fiddler Gonzalez & RodriguezCourt of Appeals for the Second Circuit · 2002
  2. Truck Drivers Local 807, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. Carey Transportation Inc.Court of Appeals for the Second Circuit · 1987
  3. Theodore Kavowras v. The New York Times Co. And Newspaper & Mail Deliverers' UnionCourt of Appeals for the Second Circuit · 2003
  4. In Re Royal Composing Room, Inc., Debtor. New York Typographical Union No. 6 v. Royal Composing Room, Inc.Court of Appeals for the Second Circuit · 1988
  5. Resolution Trust Corp. v. Best Products Co. (In re Best Products Co.)Court of Appeals for the Second Circuit · 1995

3Cited by40 opinions

  1. In re BeinhauerUnited States Bankruptcy Court, E.D. New York · 2017
  2. AMERICREDIT FINANCIAL SERVICES, INC. v. TompkinsCourt of Appeals for the Second Circuit · 2010
  3. In re AMR Corp.United States Bankruptcy Court, S.D. New York · 2012
  4. Messer v. Wei Chu (In re Xiang Yong Gao)United States Bankruptcy Court, E.D. New York · 2016
  5. In re BarkanyUnited States Bankruptcy Court, E.D. New York · 2015

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