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IN RE IONOSPHERE CLUBS, INC.

Nos. 580, 581, Dockets 90-5033, 90-5035.

922 F.2d 984 (1990)

In re IONOSPHERE CLUBS, INC. and Eastern Airlines, Inc., Debtors. Martin R. SHUGRUE, Jr., As Chapter 11 Trustee for Eastern Airlines, Inc., Appellant, v. AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Appellee.

United States Court of Appeals, Second Circuit.

Decided December 21, 1990.

Attorney(s) appearing for the Case

Bruce R. Zirinsky, New York City (Laura M. Sillins, Matthew A. Cantor, and Weil, Gotshal & Manges, New York City, Joseph L. Manson, III, and Verner, Liipfert, Bernhard, McPherson & Hand, Washington, D.C., on the brief), for appellant Martin R. Shugrue, Jr., Chapter 11 Trustee for Eastern Airlines, Inc.

Richard M. Seltzer, New York City (James L. Linsey, Russell S. Hollander, Richard B. Miller, and Cohen, Weiss & Simon, New York City, on the brief), for appellee Air Line Pilots Ass'n, Intern.

Before MINER and TIMBERS, Circuit Judges, and SPRIZZO, District Judge, for the Southern District of New York, sitting by designation.

TIMBERS, Circuit Judge:

Appellant Martin R. Shugrue, Jr., Chapter 11 Trustee for Eastern Airlines, Inc. (Eastern), appeals from an order entered April 10, 1990 in the Southern District of New York, Robert W. Sweet, District Judge, reversing two orders of the bankruptcy court that stayed attempts by the Air Line Pilots Association, International (ALPA) to arbitrate a dispute arising out of their collective bargaining agreement with Eastern and to prosecute a...

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