WHEELING-PITTSBURGH STEEL CORP. v. McCUNE

Nos. 87-3017, 87-3066 and 87-3072.

836 F.2d 153 (1987)

WHEELING-PITTSBURGH STEEL CORPORATION, Appellant, v. Alexander McCUNE and Bill L. Van Divner. WHEELING-PITTSBURGH STEEL CORPORATION, Appellant, v. Alexander McCUNE and Bill L. Van Divner and United Transportation Union. WHEELING-PITTSBURGH STEEL CORPORATION, v. Alexander McCUNE and Bill L. Van Divner and United Transportation Union, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 30, 1987.


Attorney(s) appearing for the Case

David B. Fawcett, III (argued), M. Bruce McCullough, Buchanan, Ingersoll, Pittsburgh, Pa., Ronald S. Orr, Gibson, Dunn & Crutcher, Los Angeles, Cal., Deborah L. Schrier-Rape, Gibson, Dunn & Crutcher, Denver, Colo., for appellant.

Paul E. Moses (argued), Evans, Ivory, Moses, Hollander & McVay, Pittsburgh, Pa., for appellees Alexander McCune and Bill L. Van Divner.

T.P. Shearer (argued), United Transp. Union, Pittsburgh, Pa., for Appellee United Transp. Union.

Before SLOVITER and STAPLETON, Circuit Judges, and BROTMAN, District Judge.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

INTRODUCTION

Monessen Southwestern Railway Company ("MSW"), a subsidiary of appellant Wheeling-Pittsburgh Steel Corporation ("Wheeling-Pitt"), filed a voluntary petition for reorganization under Chapter 11 of the Bankruptcy Code. Appellee United Transportation Union ("Union"), contending that the provisions of Subchapter IV of that Chapter governing railroad reorganizations are applicable...

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