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MASS. AIR CONDITIONING & HEATING CORP. v. McCOY

Civil Action No. 95-10395-DPW.

196 B.R. 659 (1996)

MASS. AIR CONDITIONING & HEATING CORP., Appellant/Debtor-in-Possession, v. James L. McCOY, Administrator of the Electrical Workers Trust Funds Local 103, I.B.E.W., Appellee.

United States District Court, D. Massachusetts.

May 31, 1996.

Attorney(s) appearing for the Case

Joseph T. King, Boston, MA, for Mass. Air Conditioning & Heating Corp.

Lorna M. Hebert, Murphy, Hesse, Toomey & Lehane, Quincy, MA, for James L. McCoy.

MEMORANDUM AND ORDER

WOODLOCK, District Judge.

I.

In an effort to bring structure to a Chapter 11 reorganization proceeding, during which the beneficiary of a collective bargaining agreement asserted a purported "superpriority" under 11 U.S.C. § 1113 for its claim, the Bankruptcy Judge directed the debtor-in-possession to take a definitive position regarding whether it would assume or reject the collective bargaining agreement. The...

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