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IN RE LANDMARK HOTEL & CASINO, INC.

BAP Nos. NV-86-1582, NV-86-1686 and NV-86-1685, Bankruptcy No. S-85-01113.

78 B.R. 575 (1987)

In re LANDMARK HOTEL & CASINO, INC., a Nevada corporation, d/b/a Landmark Hotel & Casino, Debtor (Two Cases). LANDMARK HOTEL & CASINO, INC., a Nevada corporation, d/b/a Landmark Hotel & Casino, Appellant, v. LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS, Culinary Workers Union, Local No. 226, and Bartenders Union, Local No. 165; International Brotherhood of Electrical Workers, Local No. 357; International Union of Operating Engineers, Local No. 501; International Brotherhood of Painters & Allied Trades Local No. 159; Professional, Clerical and Miscellaneous Employees, Local No. 995 (Front and Back End Agreements); United Brotherhood of Carpenters and Joiners of America, Local No. 1780, Appellees. LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS, Cross-Appellant, v. LANDMARK HOTEL & CASINO, INC., a Nevada corporation, d/b/a Landmark Hotel & Casino, Cross-Appellee. LANDMARK HOTEL & CASINO, INC., a Nevada corporation, d/b/a Landmark Hotel & Casino, Appellant, v. LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS, Culinary Workers Union, Local No. 226, and Bartenders Union, Local No. 165, Appellees.

United States Bankruptcy Appellate Panels Ninth Circuit.

Decided September 30, 1987.

Attorney(s) appearing for the Case

Gerald M. Gordon, Wiener, Waldman, Gordon & Silver, Ltd., Las Vegas, Nev., for appellant.

Timothy S. Cory, Las Vegas, Nev., for appellees.

Before VOLINN, ASHLAND and ELLIOTT, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

I. OVERVIEW

Landmark Hotel & Casino, Inc. (the Landmark) is a Chapter 11 debtor in possession operating pursuant to a confirmed plan. The Landmark filed an application to reject its collective bargaining agreements with seven different unions. The bankruptcy court denied its application, without prejudice. Within one week, the Landmark filed a supplemental application to reject the collective bargaining agreements...

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