IN RE MAXWELL NEWSPAPERS, INC.

Nos. 1011 to 1014, Dockets 92-5090, 92-5092, 92-5094 and 92-5096.

981 F.2d 85 (1992)

In re MAXWELL NEWSPAPERS, INC., doing business as Daily News, Debtor. NEW YORK TYPOGRAPHICAL UNION NO. 6, Appellant-Cross-Appellee, v. MAXWELL NEWSPAPERS, INC., doing business as Daily News, New DN Company, Official Committee of Unsecured Creditors of Maxwell Newspapers, Inc., doing business as Daily News, Appellee-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 22, 1992.


Attorney(s) appearing for the Case

Andrew Irving, New York City (Thomas Moers Mayer, Judy I. Padow, Eric R. Greene, Robinson Silverman Pearce Aronsohn & Berman, Daniel Engelstein, James Wasserman, Denny Chin, Vladeck, Waldman, Elias & Engelhard, P.C., New York City, of counsel), for appellant-cross-appellee New York Typographical Union No. 6.

Marc S. Kirschner, New York City (Willis J. Goldsmith, Lawrence P. Gottesman, Deena B. Jenab, Jones, Day, Reavis & Pogue, New York City, of counsel), for appellee-cross-appellant Maxwell Newspapers, Inc., d/b/a Daily News.

Harvey R. Miller, New York City (Weil, Gotshal & Manges, New York City, of counsel), for appellee-cross-appellant New DN Co.

Howard Seife, New York City (Margot A. Leffler, Howard Schiff, Winston & Strawn, New York City, of counsel), for appellee-cross-appellant Official Committee of Unsecured Creditors of Maxwell Newspapers, Inc., d/b/a Daily News.

Before CARDAMONE, PIERCE and ALTIMARI, Circuit Judges.


CARDAMONE, Circuit Judge:

This appeal is part of the final acts in a drama — whose denouement is unknown — that will determine whether the Daily News, one of New York City's four venerable newspapers, survives. Nearly 20 years ago the typesetters' union, faced with the reality that technological advances necessary for the continued viability of a modern newspaper had made their skilled craft obsolete, consented...

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