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IN RE BRANIFF AIRWAYS, INC.

Bankruptcy No. 482-00369, Adv. No. 482-0337.

27 B.R. 220 (1982)

In re BRANIFF AIRWAYS, INC., et al., Debtors. BRANIFF AIRWAYS, INC., Air Line Pilots Association, International; Braniff Airways, Inc., Retirement Plan for Pilots, Part A; Dale States, Jack Boisen, John Skiba and Richard Russell, constituting the Retirement Board of Braniff Airways, Inc. Retirement Plan for Pilots, Part A, Plaintiffs, v. BANKERS TRUST COMPANY AS TRUSTEE; and W.P. McDonald, Daniel P. Hulsey, Gerald S. Ross and N.G. Robson and V.A. Quattlebaum on their own behalf and on behalf of all Plan Beneficiaries and Pension Benefit Guaranty Corporation, Defendants.

United States Bankruptcy Court, N.D. Texas, Fort Worth Division.

December 10, 1982.

Attorney(s) appearing for the Case

David Bonderman, K. Peter Schmidt, Arnold & Porter, Washington, D.C., for plaintiffs.

Warren W. Shipman, III, Michael B. Hunter, Godfrey, Decker, McMackin, Shipman, McClane & Bourland, Fort Worth, Tex., Charles Plenge, Johnson, Bromberg & Leeds, James Hicks, Jr., Hal Gillespie, Hicks, Gillespie & James, P.C., Dallas, Tex., Robert Salvelson, Barbara Mehlsack, Cohen, Weiss & Simon, New York City, George A. Crowley, Kevin Kuenzli, McDonald, Sanders, Ginsburg, Phillips, Maddox & Newkirk, Fort Worth, Tex., Raymond B. McCoy, Dallas, Tex., Henry Rose, Mitchell Strickler, Lawrence F. Landgraff, Ken Cprek, Washington, D.C., for defendants.

Memorandum Opinion1

JOHN FLOWERS, Bankruptcy Judge.

In this adversary proceeding the Debtor is seeking a court ordered date for the termination of its pension plan pursuant to 29 U.S.C. § 1348 of the Employee Retirement Income Security Act ("ERISA").

Under ERISA the Pension Benefit Guaranty Corporation ("PBGC") guarantees certain levels of payment to participants of pension...

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