REMINGTON RAND CORP.-DELAWARE v. BUSINESS SYSTEMS

Nos. 86-5587, 86-5750.

830 F.2d 1256 (1987)

REMINGTON RAND CORPORATION-DELAWARE v. BUSINESS SYSTEMS, INCORPORATED, Global Business Corporation, Frank Capadano & Art Barber, Remington Rand, B.V. & Xerox. Appeal of J.A.M. BANNING, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 5, 1987.


Attorney(s) appearing for the Case

Chester J. Straub (argued), Willkie Farr & Gallagher, New York City, Mark F. Hughes, Jr., Kraft & Hughes, Newark, N.J., for appellant.

James C. McConnon (argued), Paul & Paul, Lewis H. Van Dusen, Jr., Drinker, Biddle & Reath, Philadelphia, Pa. (David M. Satz, Jr., Saiber Schlesinger Satz & Goldstein, Newark, N.J., of counsel), for appellee Remington Rand Corporation-Delaware.

Allen F. Maulsby, Cravath, Swaine & Moore, New York City (Steward R. Bross, Jr., John R. Hupper, Andrew P. Tashman, Stephen J. Massey, James L. Buchal, of counsel), for the Government of the Kingdom of the Netherlands as amicus curiae.

Before GIBBONS, Chief Judge, WEIS and ALDISERT, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

These are appeals from an order of civil contempt and an order imposing attorneys' fees as a partial contempt sanction. We are confronted with the question whether, before he may be held in civil contempt, a bankruptcy reorganization trustee of a corporation must be given notice that he personally stands in jeopardy of being held in contempt, notwithstanding that he...

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