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Legal Opinion

In Re Pesce Baking Co., Inc.

United States Bankruptcy Court, N.D. Ohio

Decided November 14, 1984No. 19-40270PublishedCited by 17 opinions

1Opinion of the Court

FINDING AS TO REJECTION OF CONTRACTS

H.F. WHITE, Bankruptcy Judge.

This matter is before the court on the application of the debtor and debtor-in-possession, Pesce Baking Company, Inc., (“debtor”) to reject, pursuant to 11 U.S.C. section 365(a), three executory contracts. The executory contracts sought to be rejected are collective bargaining agreements subject to the National Labor Relations Act (NLRA), 29 U.S.C. section 151 et seq. The three non-debtor parties to the collective bargaining agreements are: Bakers Local Union 19 of Cleveland, Ohio (“Bakers”); Teamsters, Chauffeurs, Warehousemen…

2Cases cited14 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. Robertson v. Pierce (In Re Chi-Feng Huang)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  3. Omni International, Ltd. v. Mimi's of Atlanta, Inc. (In Re Mimi's of Atlanta, Inc.)United States Bankruptcy Court, N.D. Georgia · 1980
  4. Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes, Afl-Cio v. Rea Express, Inc., Debtor, Rea Express, Inc., Debtor-In-Possession, International Association of MacHinists and Aerospace Workers, Afl-Cio v. Rea Express, Inc., Debtor, Rea Express, Inc., Debtor-In-PossessionCourt of Appeals for the Second Circuit · 1975
  5. Local Unions 20, 26, 34, 89, 92, 124, 135, 142, 159, 279, 299, 377, 406, 428, 486, 543, 571, 580, 614, 637, 836, 908 v. Brada Miller Freight SystemCourt of Appeals for the Eleventh Circuit · 1983

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3Cited by17 opinions

  1. Cohen v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.)United States Bankruptcy Court, S.D. New York · 1992
  2. COR Route 5 Co. v. Penn Traffic Co.Court of Appeals for the Second Circuit · 2008
  3. In Re Child World, Inc.United States Bankruptcy Court, S.D. New York · 1992
  4. In Re Chas. P. Young Co.United States Bankruptcy Court, S.D. New York · 1990
  5. Camp v. National Union Fire Insurance Co. of Pittsburgh (In Re Government Securities Corp.)United States Bankruptcy Court, S.D. Florida. · 1989

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