CINICOLA v. SCHARFFENBERGER

No. 00-3318.

248 F.3d 110 (2001)

John CINICOLA; Bonnie K. Case; Philip F. Rabinowitz; Michael Farrell; Michele R. Mathews-Mlakar; Marsha Fino; Elliot Smith; Hubert Shick t/d/b/a North Allegheny Internal Medicine, Appellants, v. William J. SCHARFFENBERGER, Chapter 11 Trustee, et al.; Allegheny General Hospital; Western Pennsylvania Healthcare System, Inc.

United States Court of Appeals, Third Circuit.

Filed April 25, 2001.


Attorney(s) appearing for the Case

WILLIAM H. SCHORLING, ESQUIRE (ARGUED), Klett, Rooney, Lieber & Schorling Two Logan Square, 12th Floor 18th and Arch Streets Philadelphia, Pennsylvania 19103, EDWIN L. KLETT, ESQUIRE Klett, Rooney, Lieber & Schorling One Oxford Centre, 40th Floor Pittsburgh, Pennsylvania 15219, Attorneys for Appellants.

DAVID I. SWAN, ESQUIRE (ARGUED), MARK E. FREEDLANDER, ESQUIRE McGuireWoods, Frick Building, 7th Floor 437 Grant Street Pittsburgh, Pennsylvania 15219-6002, Attorneys for Appellee, William J. Scharffenberger, Chapter 11 Trustee, et al.

JOHN P. EDGAR, ESQUIRE (ARGUED), GARY P. NELSON, ESQUIRE Sherrard, German & Kelly, FreeMarkets Center, 35th Floor 210 Sixth Avenue Pittsburgh, Pennsylvania 15222-2602, Attorneys for Appellees, Allegheny General Hospital; Western Pennsylvania Healthcare System, Inc.

BEFORE: SLOVITER, SCIRICA and ALITO, Circuit Judges.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this bankruptcy appeal, the issue is whether plaintiffs should have obtained a stay under § 363(m) of the Bankruptcy Code before appealing an assumption and an assignment under § 365. See 11 U.S.C. § 363(m) (1994).

This appeal arises from the District Court's affirmance of the Bankruptcy Court's order approving the assumption of eight physician employment contracts by the Chapter...

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