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IN RE IONOSPHERE CLUBS, INC.

Bankruptcy Nos. 89 B 10448 (BRL), 89 B 10449 (BRL), Adv. No. 89-5532A.

108 B.R. 901 (1989)

In re IONOSPHERE CLUBS, INC. and Eastern Air Lines, Inc., Debtors. EASTERN AIR LINES, INC., Plaintiff, v. INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, AFL-CIO ("IAM"), et al., Defendants.

United States Bankruptcy Court, S.D. New York.

November 29, 1989.

Attorney(s) appearing for the Case

Siff, Rosen & Parker, P.C., New York City (Mark S. Landman, William G. Ballaine, Amy Gallent, of counsel), for plaintiff.

Vladeck, Waldman, Elias & Engelhard, P.C., New York City (Sheldon Engelhard, Larry Cary, Hanan B. Kolko, Ivan D. Smith, of counsel), Guerrieri, Edmond & James, Washington, D.C., for IAM.

Cohen, Weiss and Simon, New York City (Peter Herman, Richard N. Gilberg, of counsel), for ALPA and Henry A. Duffy.

O'Donnell & Schwartz, New York City (Malcolm A. Goldstein, Asher W. Schwartz, of counsel), for TWU, Local 553.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BURTON R. LIFLAND, Chief Judge.

Based upon the lengthy record as presented at the hearings which were commenced back in March 1989 continuing until April 5, when a settlement agreement was placed on the record, and then recommenced in July, 1989 and concluded on October 4, 1989, the testimony of over 75 witnesses adduced at the hearings which produced approximately 4,000 pages of

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