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IN RE USAFRICA AIRWAYS HOLDINGS, INC.

Civil A. No. 95-595-JJF.

192 B.R. 641 (1996)

In re USAFRICA AIRWAYS HOLDINGS, INC. and USAfrica Airways, Inc., Debtors. UNITED STATES DEPARTMENT OF TRANSPORTATION, Appellant, v. USAFRICA AIRWAYS, INC., Appellee.

United States District Court, D. Delaware.

February 2, 1996.

Attorney(s) appearing for the Case

Gregory M. Sleet, U.S. Attorney, Ellen W. Slights, Asst. U.S. Attorney, Department of Justice, Wilmington, Delaware. J. Christopher Kohn, Tracy J. Whitaker, Charles D. Stodghill, Civil Division, Washington, D.C. Bernard F. Diederich, U.S. Attorney, James R. Dann, Asst. U.S. Attorney, Department of Transportation, Washington, D.C., for Appellant.

Laura D. Jones, S. David Peress of Young, Conaway, Stargatt & Taylor, Wilmington, Delaware. Fruman Jacobson, Robert B. Millner, Jonathan D. Taft of Sonnenschein Nath & Rosenthal, Chicago, Illinois, for Appellee.

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court is the United States Department of Transportation's ("DOT") appeal from an Order of the Bankruptcy Court restraining DOT from continuing administrative proceedings to reallocate authority previously granted to USAfrica Airways, Inc. ("USAfrica") to operate scheduled air service between the United States and South Africa. (D.I. 5). DOT argues that although USAfrica is currently in...

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