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IN RE AMERICAN INTERN. AIRWAYS, INC.

Bankruptcy No. 84-02379K, Adv. No. 86-0309K.

74 B.R. 691 (1987)

In re AMERICAN INTERNATIONAL AIRWAYS, INC., Debtor. Harry P. BEGIER, Jr., Trustee, Plaintiff, v. AMERICAN EXPRESS, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

June 18, 1987.

Attorney(s) appearing for the Case

David Fishbone, Marc N. Bell, Philadelphia, Pa., for trustee.

Harry P. Begier, Jr., Philadelphia, Pa., Trustee.

Jay G. Ochroch, Marjorie L. McMahon, Philadelphia, Pa., for defendant.

Pace Reich, Philadelphia, Pa., for debtor.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The present posture of this case causes us to consider a single narrow issue: the extent to which the Chapter 11 Trustee is bound by a court-approved Stipulation of the Debtor during the time that the latter was acting as a debtor-in-possession (hereinafter referred to as "DIP"). While we believe that the Trustee is generally bound by a DIP's Stipulations, particularly in situations where the terms of the agreement...

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