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CENTRAL STATES, ETC. v. CENTRAL TRANSPORT, INC.

No. 86-2100.

841 F.2d 92 (1988)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Plaintiff-Appellant, v. CENTRAL TRANSPORT, INC.; George E. Gilbertson, Trustee; Mason and Dixon Lines, Inc., Defendant-Appellee, Official Unsecured Creditors' Committee of the Mason and Dixon Lines, Incorporated, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided March 8, 1988.

Attorney(s) appearing for the Case

Elizabeth Roberto (Russell N. Luplow, Bloomfield Hills, Mich., Herbert S. Falk, Jr., Falk, Carruthers & Roth, P.A., Greensboro, N.C., on brief), for plaintiff-appellant.

Patrick A. Moran, Birmingham, Mich., (Michael A. Nedelman, Birmingham, Mich., on brief), for Cent. Transport, Inc.

William L. Stocks (Nichols, Caffrey, Hill, Evans & Murrelle, Greensboro, N.C., on brief), for Mason & Dixon Lines, Inc.

R. Bradford Leggett, Catherine R. Carruthers (Allman, Spry, Humphreys, Leggett & Howington, P.A., Winston Salem, N.C., on brief), for George E. Gilbertson.

John E. Young (Fitzgerald, Young, Peters, Dakmak & Bruon, Detroit, Mich., on brief), for Mason & Dixon Lines, Inc.

Before CHAPMAN and WILKINS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

Some controversies are not amenable to judicial resolution, and some grow beyond the remedial powers of a court. This is particularly true when a party, seeking a return to the status quo ante, sits idly by and permits intervening events to extinguish old rights and create new ones. This is such a case. The appellant, a multi-employer pension plan, seeks to have the court overturn the confirmation of a plan for reorganization in bankruptcy...

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