1. Home
  2. Browse Decisions
  3. F.3d
  4. 407 F.3d
  5. 407 F.3d 616 (2005)
 

IN RE GENERAL DATACOMM INDUSTRIES, INC.

No. 04-1710.

407 F.3d 616 (2005)

In re: GENERAL DATACOMM INDUSTRIES, INC., Debtor General DataComm Industries, Inc., Appellant v. James R. Arcara, Frederick R. Cronin, Robert S. Smith, and Thomas L. Thompson

United States Court of Appeals, Third Circuit.

Filed May 16, 2005.

As Amended May 18, 2005. and June 8, 2005.

Attorney(s) appearing for the Case

Joseph A. Malfitano, Esq., Joel A. Waite, Esq., Michael R. Nestor, Esq., Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, John B. Sherman, Esq. (Argued), Weisman Celler Spett & Modlin, P.C., New York, NY, Counsel for Appellant.

Eric G. Waxman III, Esq., Daniel M. Kolko, Esq. (Argued), Phillips Nizer LLP, Garden City, NY, Christopher S. Sontchi, Esq., Ricardo Palacio, Esq., Ashby & Geddes, Wilmington, DE, Counsel for Appellees.

Before: NYGAARD and GARTH, Circuit Judges and POLLAK, District Judge.

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 Datacomm 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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases