TRUCK DRIVERS LOCAL 807 v. CAREY TRANSP. INC.

No. 581, Docket 86-5057.

816 F.2d 82 (1987)

TRUCK DRIVERS LOCAL 807, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, Plaintiff-Appellant, v. CAREY TRANSPORTATION INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 9, 1987.


Attorney(s) appearing for the Case

J. Warren Mangan, Long Island City, N.Y. (O'Connor & Mangan, P.C., Long Island City, N.Y., of counsel), for plaintiff-appellant.

Milton S. Gould, New York City (Stuart Hirschfield, Clifford Thau, Michael Emrich, Shea & Gould, New York City, of counsel), for defendant-appellee.

Before MESKILL, KEARSE, and ALTIMARI, Circuit Judges.


ALTIMARI, Circuit Judge:

This appeal involves the showing a debtor-employer must make in order to obtain Bankruptcy Court approval of the employer's application to reject a collective bargaining agreement in accordance with 11 U.S.C. § 1113. We agree with the conclusions and, for the most part, the analysis of the Bankruptcy Court for the Southern District of New York (Burton R. Lifland, J.). Therefore, we affirm the decision of the United States District Court...

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