IN RE BRANIFF AIRWAYS, INC.

Bankruptcy No. 482-00369, Adv. Nos. 482-0336 to 482-0339.

33 B.R. 1 (1983)

In re BRANIFF AIRWAYS, INC. et al., Debtors. BRANIFF AIRWAYS, INC., Braniff Airways, Inc.—IAM Pension Plan, and Alan K. Stewart, William C. Oliver and Steven S. Turoff, Constituting the Retirement Committee of the Plan, Plaintiffs, v. INTERFIRST BANK, DALLAS, N.A. as Trustee; and S.E. Edmondson, F.C. Irvin, and R.L. Chapman on their own behalf and on behalf of all Plan Beneficiaries and Pension Benefit Guaranty Corporation, Defendants. 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. BRANIFF AIRWAYS, INC. and The Braniff Airways-Teamsters Pension Plan, Plaintiffs, v. INTERFIRST BANK, DALLAS, N.A. Trustee, and H.G. Cooper, J.M. James, and I.C. Simpson on their own behalf and on behalf of all Plan Beneficiaries, and Pension Benefit Guaranty Corp., Defendants. BRANIFF INTERNATIONAL CORP., Braniff Airways, Inc., Retirement Plan for Management Employees of Braniff Airways, Inc., and Alan K. Stewart, William C. Oliver, and Steven S. Turoff, Constituting The Retirement Committee of the Plan, Plaintiffs, v. INTERFIRST BANK, DALLAS, N.A. as Trustee, and Thomas P. Robertson, R.G. Peterson and K.L. Mullick 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.

July 28, 1983.


Attorney(s) appearing for the Case

David Bonderman, Washington, D.C., Jack Balzersen, Dallas, Tex., for Braniff.


MEMORANDUM OPINION REGARDING MOTIONS TO DISMISS

JOHN FLOWERS, Bankruptcy Judge.

These actions were instituted by the plan administrators of the four ERISA plans of the Debtor. The plans are the Teamster's Plan, the IAM Plan, the Management Plan, and the Pilot's Plan. Certain interim relief was requested together with a request for the court to establish the termination date for each plan pursuant to ERISA. 29 U.S.C. § 1348(3). In addition to preliminary...

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