Legal Opinion

General DataComm Industries, Inc. v. Arcara

Court of Appeals for the Third Circuit

Decided May 16, 2005No. 04-1710PublishedCited by 31 opinions

1Opinion of the Court

OPINION

GARTH, Circuit Judge.

Both the Bankruptcy and District Courts here held that Appellees James R. Arcara, Frederick R. Cronin, Robert S. Smith and Thomas L. Thompson (collectively, the “Appellees”) — former long-term senior executives of Appellant General Da-tacomm Industries Inc. and its affiliates (“DataComm”) — were “retired employees” within the meaning of 11 U.S.C. § 1114 and were therefore entitled to their retiree benefits. Section 1114 of the United States Bankruptcy Code (“Bankruptcy Code”) affords certain procedural protections to “retired employees” of Chapter 11 debtors. See…

2Cases cited11 opinions

  1. Jesse Brown, Rev., On Behalf Of Himself And All Members Of The Uptown Coalition For Tobacco Control And Health v. Philip Morris Inc.Court of Appeals for the Third Circuit · 2001
  2. Cristen M. Gleason v. Norwest Mortgage, IncCourt of Appeals for the Third Circuit · 2001
  3. Fellheimer, Eichen & Braverman, P.C. v. Charter Technologies, IncorporatedCourt of Appeals for the Third Circuit · 1995
  4. In Re Trans World Airlines, Incorporated, Debtor. Interface Group-Nevada, Incorporated v. Trans World Airlines, Incorporated. Thomas E. Ross, Trustee. In Re Trans World Airlines, Incorporated, Debtor. Interface Group-Nevada, Incorporated v. Trans World Airlines, Incorporated, Thomas E. Ross, TrusteeCourt of Appeals for the Third Circuit · 1998
  5. Sharon Steel Corporation v. National Fuel Gas Distribution Corporation, Intervenor: James W. Toren, TrusteeCourt of Appeals for the Third Circuit · 1989

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3Cited by31 opinions

  1. Delaware Nation v. PennsylvaniaCourt of Appeals for the Third Circuit · 2006
  2. Mall Chevrolet Inc v. General Motors LLCCourt of Appeals for the Third Circuit · 2024
  3. In Re Exide TechnologiesCourt of Appeals for the Third Circuit · 2010
  4. IUE-CWA v. Visteon Corp. (In Re Visteon Corp.)Court of Appeals for the Third Circuit · 2010
  5. American Diabetes Ass'n v. Friskney Family Trust, LLCDistrict Court, E.D. Pennsylvania · 2016

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