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IN RE CONTINENTAL AIRLINES, INC.

Bankruptcy No. 90-932, Civ. A. No. 92-426-JLL.

148 B.R. 207 (1992)

In re CONTINENTAL AIRLINES, INC., et al., Debtors. Gus KAPERNEKAS, Appellant, v. CONTINENTAL AIRLINES, INC., et al., Appellees.

United States District Court, D. Delaware.

November 9, 1992.

Attorney(s) appearing for the Case

Stephen W. Spence and Doreen H. Becker of Phillips, Goldman & Spence, P.A., Wilmington, DE, for appellant.

William H. Sudell, Jr. and Luke W. Mette of Morris, Nichols, Arsht & Tunnell, Wilmington, DE, and Daniel P. Casey of Continental Airlines, Inc., Houston, TX, of counsel, for appellees.

William C. Carpenter, Jr., U.S. Atty., Ellen W. Slights, Asst. U.S. Atty., Wilmington, DE, and Jerry M. Hunter, Gen. Counsel, Yvonne T. Dixon, Acting Deputy Gen. Counsel, Nicholas E. Karatinos, Acting Associate Gen. Counsel, Eric G. Moskowitz, Deputy Asst. Gen. Counsel for Special Litigation, and Steven F. Rappaport, Atty., of the N.L.R.B., Washington, DC, for Amicus Curiae.

OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

This case is before this Court pursuant to a Notice of Appeal filed by appellant, Gus Kapernekas. Appellant seeks the reversal of the June 8, 1992 Order of the Bankruptcy Court (Balick, J.) denying his Motion for Allowance and Payment of an Administrative Claim pursuant to 11 U.S.C. § 503(b)(1)(A) for that portion of his claim representing post-petition lost wages and other benefits.

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