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IN RE CONTINENTAL AIRLINES

Nos. 96-7028, 96-7038.

125 F.3d 120 (1997)

In re: CONTINENTAL AIRLINES, Debtor. AIR LINE PILOTS ASSOCIATION, v. CONTINENTAL AIRLINES, LPP Claimants; Effective Date Committee, Claimants, Honorable John Stonitsch, Trustee. LPP Claimants, Appellant No. 96-7028. In re: CONTINENTAL AIRLINES, Debtor. AIR LINE PILOTS ASSOCIATION, v. CONTINENTAL AIRLINES, LLP Claimants; Effective Date Committee, Claimants, Honorable John Stonitsch, Trustee. Continental Airlines, Inc., Appellant No. 96-7038.

United States Court of Appeals, Third Circuit.

Decided August 29, 1997.

Attorney(s) appearing for the Case

Jon A. Geier (Argued), Paul, Hastings, Janofsky & Walker, Washington, DC, Laura D. Jones, Robert S. Brady, Young, Conaway, Stargatt & Taylor, Wilmington, DE, Attorneys for Continental Airlines.

Michael J. Isaacs, Agostini, Levitsky & Isaacs, Wilmington, DE, Myles J. Tralins (Argued), Tralins & Associates, Miami, FL, Attorneys for LPP Claimants.

John A. McGuinn (Argued), Schmeltzer, Aptaker & Shepard, Washington, DC, Attorney for Eastern Pilots Merger Committee.

Before: MANSMANN, LEWIS and MICHEL, Circuit Judges.

LEWIS, Circuit Judge.

OPINION OF THE COURT

In this appeal and cross-appeal, we are confronted with a tension between bankruptcy law and labor law. The dispute arose when the Air Line Pilots Association, Inc. ("ALPA"), collective bargaining agent for Eastern Air Lines' ("Eastern") pilots, filed proofs of claim in bankruptcy court against Continental Airlines Holdings, Inc. and Continental Airlines, Inc. ("Continental"). These claims were based on alleged...

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