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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. 951 (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 30, 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.

REPORT AND RECOMMENDATION ON MOTION FOR ABSTENTION

BURTON R. LIFLAND, Chief Judge.

ISSUE

Whether this Court should abstain from determining Eastern's Complaint and Motion for a preliminary injunction regarding activity in the states of Georgia and Florida.

BACKGROUND

On March 22, 1989 Eastern Air Lines Inc. ("Eastern/Debtor") commenced the instant adversary proceeding against the International Association of Machinists and Aerospace...

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