In Re M&M Transportation Co.

OPINION

HENRY F. WERKER, District Judge.

This is an appeal from an opinion and order of the Honorable Roy Babitt, Bankruptcy Judge, which (1) denied the motions of the 21 claimant-appellants 1 for an order setting aside a prior order confirming a Chapter XI arrangement, and (2) granted the debtor-appellee’s motion for summary judgment expunging and disallowing the claims of the claimant-appellants. The debtor-appellee is M&M Transportation Company (“M&M”), and the claimant-appellants are former employees of M&M who participated in an M&M pension plan for non-union employees.

FACTS

On December 1,…