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IN RE LANDMARK HOTEL & CASINO, INC.

No. 87-2891.

872 F.2d 857 (1989)

In re LANDMARK HOTEL & CASINO, INC., a Nevada corporation, d/b/a Landmark Hotel & Casino, Debtor. LANDMARK HOTEL & CASINO, INC., a Nevada corporation, d/b/a Landmark Hotel & Casino, Appellant, v. LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS CULINARY WORKERS UNION, LOCAL NO. 226, and Bartenders Union, Local No. 165; International Brotherhood of Electrical Workers, Local No. 357; International Union of Operating Engineers, Local No. 501; International Brotherhood of Painters & Allied Trades Local No. 159; Professional, Clerical and Miscellaneous Employees, Local No. 995; United Brotherhood of Carpenters and Joiners of America, Local No. 1780, Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred Resubmitted March 31, 1989.

Decided April 11, 1989.

Attorney(s) appearing for the Case

Candace C. Carlyon, Wiener, Waldman, Gordon & Silver, Ltd., Las Vegas, Nev., for debtor-appellant.

Richard G. McCracken, Davis, Cowell & Bowe, San Francisco, Cal., Lewis N. Levy, Levy, Goldman, Levy, Los Angeles, Cal., for appellees.

Before GOODWIN, Chief Judge, SNEED and CANBY, Circuit Judges.

SNEED, Circuit Judge:

Debtor Landmark Hotel & Casino, Inc. (Landmark) appeals the judgment of a bankruptcy appellate panel (BAP) which upheld a bankruptcy court's decision to grant Landmark certain interim relief prior to its authorizing Landmark to reject its collective bargaining agreements under 11 U.S.C. § 1113 (Supp. IV 1986). Landmark argues that the bankruptcy court should have authorized it to reject the contracts immediately rather than granting...

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