IN RE BRANIFF, INC.

Bankruptcy No. 89-03325-BKC-6C1, Adv. No. 89-0346.

110 B.R. 980 (1990)

In re BRANIFF, INC., Debtor. BRANIFF, INC., Plaintiff, v. James W. TOREN, etc., et al., Defendants.

United States Bankruptcy Court, M.D. Florida, Orlando Division.

February 21, 1990.


Attorney(s) appearing for the Case

David R. McFarlin of Akerman, Senterfitt & Eidson, Orlando, Fla., for plaintiff.

Stephen E. Herrmann and William J. Wade, of Richards, Layton & Finger, Wilmington, Del., Co-Counsel for plaintiff.

Howard T. Glassman, Joel C. Shapiro, Faith R. Greenfield, Earl M. Forte, III, and Gregg A. Parker of Blank, Rome, Cominsky & McCauley, Philadelphia, Pa., for defendant.

Harry D. Lewis of Milgram, Thomajan & Lee, Orlando, Fla., for the Official Committee of Unsecured Creditors.

David Levine of Tew, Jorden, Shulte & Beasley, Miami, Fla., for the Official Committee of Noteholders.


ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

C. TIMOTHY CORCORAN, III, Bankruptcy Judge.

This adversary proceeding came on for hearing on January 22, 1990, of the motion for summary judgment (Document No. 6) filed by plaintiff, Braniff, Inc. ("Braniff"), and the motion for summary judgment (Document No. 9) filed by defendants, James W. Toren and Wilmington Trust Company, as trustees of the BRNF Liquidating Trust ("BRNF").

Braniff filed its complaint...

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