IN RE BRANIFF AIRWAYS, INC.

Bankruptcy No. 482-0369, Adv. No. 482-0337.

27 B.R. 222 (1982)

In re BRANIFF AIRWAYS, INCORPORATED et al., Debtors. BRANIFF AIRWAYS, INCORPORATED; Air Line Pilots Association, International; Braniff Airways Incorporated, 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, V.A. Cebell, III, N.G. Robinson, and V.H. Quattlebaum on their own behalf and on behalf of all Plan Beneficiaries, Defendants.

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

December 23, 1982.


Attorney(s) appearing for the Case

David Bonderman, K. Peter Schmidt, Arnold & Porter, Washington, D.C., Robert Savelson, Barbara Mehlsack, Cohen, Weiss & Simon, New York City, for plaintiffs.

Warren W. Shipman, III, Mike Hunter, Godfrey, Decker, McMarkin, Shipman, McClane & Bourland, George A. Crowley, Kevin Kuenzli, McDonald, Sanders, Ginsburg, Phillips, Maddox & Newkirk, Fort Worth, Tex., Charles Plenge, Johnson, Bromberg & Leeds, James Hicks, Hal Gillespie, Hicks, Gillespie & James, P.C., Raymond B. McCoy, Dallas, Tex., Henry Rose, Mitchell Strickler, Lawrence F. Landgraff, Ken Cprek, Pension Guaranty Corp., Washington, D.C., for defendants.


MEMORANDUM OPINION

JOHN FLOWERS, Bankruptcy Judge.

This case involves several issues concerning the Braniff Airways Incorporated Retirement Plan for Pilots, Part A ("Plan"). The debtor brought this action pursuant to § 4048 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1348, seeking a court ordered date for termination of the Plan. The debtor also requested instructions as to its fiduciary responsibilities pursuant to &...

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