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IN RE ALTAIR AIRLINES, INC.

Bankruptcy No. 82-05399G.

25 B.R. 223 (1982)

In re ALTAIR AIRLINES, INC., Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

December 7, 1982.

Attorney(s) appearing for the Case

Nathan B. Feinstein, Philip A. Gasteier, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., and Bruce H. Simon, Cohen, Weiss & Simon, New York City, for applicant, Air Line Pilots Ass'n, Intern.

Howard T. Glassman, Wexler, Weisman, Forman & Shapiro, P.C., J. Gregg Miller, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for debtor, Altair Airlines, Inc.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

This is a case of first impression. The issue at bench is whether the Association which is the collective bargaining representative of the airline pilots employed by the debtor can be appointed to the official committee of unsecured creditors mandated by section 1102(a)(1) in all chapter 11 proceedings. We conclude that the collective bargaining representative cannot be so appointed because: (1) it is not a "creditor...

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