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McDONALD v. BRANIFF AIRWAYS, INC.

Misc. No. BK 4-225-E.

37 B.R. 922 (1983)

W.P. McDONALD v. BRANIFF AIRWAYS, INC. Air Line Pilots Assn. 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. 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, Daniel P. Hulsey, Gerald S. Ross, N.G. Robson, and V.H. Quattlebaum on their own behalf and on behalf of all Plan Beneficiaries and Pension Benefit Guaranty Corporation, Defendants.

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

June 28, 1983.

Attorney(s) appearing for the Case

Hicks, Gillespie & James by James L. Hicks, Jr., Dallas, Tex., for appellant.

David Bonderman, Arnold & Porter, Washington, D.C., Charles F. Plenge, Johnson, Bromberg, Leeds & Riggs, Dallas, Tex., for plaintiffs.

Kent Cprek, Pension Benefit Guaranty Corp., Washington, D.C., George A. Crowley, Kevin Kuenzli, McDonald, Sanders, Ginsburg, Phillips, Maddox & Newkirk, Warren W. Shipman, III, Michael Hunter, Godfrey, Decker, McMackin, Shipman, McClane & Bourland, Fort Worth, Tex., Barbara Mehlsack, Cohen, Weiss & Simon, New York City, Raymond B. McCoy, Dallas, Tex., for defendants.

MEMORANDUM OPINION AND ORDER

MAHON, District Judge.

This is an appeal from an order of the United States Bankruptcy Court for the Northern District of Texas entered January 28, 1983. 27 B.R. 220. That order involved pension plans of Braniff Airways, Inc. ("Braniff") and as a "related proceeding," see 29 U.S.C. § 1303(f), must be reviewed de novo by this Court under § d(3) of the Local Rule of the Northern...

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