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IN RE ROTH AMERICAN, INC.

No. 91-5564.

975 F.2d 949 (1992)

In re ROTH AMERICAN, INC., Debtor. Teamsters Local Union No. 401 Health & Welfare Fund International Brotherhood of Teamsters, Local 401, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 3, 1992.

Attorney(s) appearing for the Case

Patrick J. Szymanski (argued), Christy Concannon, Baptiste & Wilder P.C., Washington, D.C., John J. Dunn, Sr., Dunn & Byrne Law Offices, Scranton, Pa., for appellant.

Robert C. Nowalis (argued), Doran & Nowalis, Wilkes-Barre, Pa., for appellee.

Before: SLOVITER, Chief Judge, STAPLETON and SEITZ, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

Before us is an appeal by the International Brotherhood of Teamsters Local 401 (the Union) from a district court order that affirmed a bankruptcy court order (1) rejecting the Union's claim for unearned wages for breach of a post-petition agreement to maintain operations for two years, and (2) ruling that the Union's claims for severance pay and vacation pay against a Chapter 11 debtor, Roth American, Inc., were...

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