UNITED STATES, DEPT. OF AIR FORCE v. CAROLINA PARACHUTE CORP.

No. 89-2500.

907 F.2d 1469 (1990)

UNITED STATES of America, DEPARTMENT OF THE AIR FORCE, Plaintiff-Appellee, v. CAROLINA PARACHUTE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 1990.


Attorney(s) appearing for the Case

Bonnie Kay Donahue, argued (Edwin R. Gatton, on brief), Ivey, Ivey & Donahue, Greensboro, N.C., for defendant-appellant.

Richard Lee Robertson, Asst. U.S. Atty., Greensboro, N.C., Brian Lloyd Kessler, argued Contract Law Div., Office of the Judge Advocate Gen., U.S. Air Force, Washington, D.C. (Robert H. Edmunds, Jr., U.S. Atty., on brief), Greensboro, N.C., for plaintiff-appellee.

Before SPROUSE, CHAPMAN and WILKINS, Circuit Judges.


WILKINS, Circuit Judge:

The district court, 108 B.R. 100, reversed the bankruptcy court and allowed the United States of America, Department of the Air Force, to begin proceedings to terminate certain executory contracts with Carolina Parachute Corporation. The issues raised are (1) whether a bankruptcy court order confirming a reorganization plan is res judicata to a party who, although on notice of the proceeding, neither makes an...

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