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Legal Opinion

Mass. Air Conditioning & Heating Corp. v. McCoy

District Court, D. Massachusetts

Decided May 31, 1996No. Civil Action 95-10395-DPWPublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WOODLOCK, District Judge.

I

In an effort to bring structure to a Chapter 11 reorganization proceeding, during which the beneficiary of a collective bargaining agreement asserted a purported “super-priority” under 11 U.S.C. § 1113 for its claim, the Bankruptcy Judge directed the debtor-in-possession to take a definitive position regarding whether it would assume or reject the collective bargaining agreement. The debtor thereupon filed a motion seeking to assume the agreement but also seeking to reserve the right to have pre-petition claims arising from it treated under the…

2Cases cited22 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. Radzanower v. Touche Ross & Co.Supreme Court of the United States · 1976
  3. Norfolk & Western Railway Co. v. American Train Dispatchers' Ass'nSupreme Court of the United States · 1991
  4. Kellar v. Summit Seating Inc.Court of Appeals for the Seventh Circuit · 2011
  5. In Re Roth American, Inc., Debtor. Teamsters Local Union No. 401 Health & Welfare Fund International Brotherhood of Teamsters, Local 401Court of Appeals for the Third Circuit · 1992

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3Cited by12 opinions

  1. American Flint Glass Workers Union, in 99-5291 v. Anchor Resolution Corp., Debtor-Appellee. Glass, Molders, Pottery, Plastics & Allied Workers International Union, in 99-5292 v. Anchor Resolution Corp., Debtor-AppelleeCourt of Appeals for the Third Circuit · 1999
  2. United Food and Commercial Workers Union, Local 328, Afl-Cio v. Almac's Inc.Court of Appeals for the First Circuit · 1996
  3. Adventure Resources, Inc. v. HollandCourt of Appeals for the Fourth Circuit · 1998
  4. United Food & Commercial Workers Union, Local 211 v. Family Snacks, Inc. (In Re Family Snacks, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  5. In re Chicago Construction Specialties, Inc.United States Bankruptcy Court, N.D. Illinois · 2014

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