No. 04-1710.

407 F.3d 616 (2005)

In re: GENERAL DATACOMM INDUSTRIES, INC., Debtor General DataComm Industries, Inc., Appellant v. James R. Arcara, Frederick R. Cronin, Robert S. Smith, and Thomas L. Thompson

United States Court of Appeals, Third Circuit.

Filed May 16, 2005.

As Amended May 18, 2005. and June 8, 2005.

Attorney(s) appearing for the Case

Joseph A. Malfitano, Esq., Joel A. Waite, Esq., Michael R. Nestor, Esq., Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, John B. Sherman, Esq. (Argued), Weisman Celler Spett & Modlin, P.C., New York, NY, Counsel for Appellant.

Eric G. Waxman III, Esq., Daniel M. Kolko, Esq. (Argued), Phillips Nizer LLP, Garden City, NY, Christopher S. Sontchi, Esq., Ricardo Palacio, Esq., Ashby & Geddes, Wilmington, DE, Counsel for Appellees.

Before: NYGAARD and GARTH, Circuit Judges and POLLAK, District Judge.


GARTH, Circuit Judge.

Both the Bankruptcy and District Courts here held that Appellees James R. Arcara, Frederick R. Cronin, Robert S. Smith and Thomas L. Thompson (collectively, the "Appellees")—former long-term senior executives of Appellant General Datacomm Industries Inc. and its affiliates ("DataComm")—were "retired employees" within the meaning of 11 U.S.C. § 1114 and were therefore entitled to their retiree benefits. Section...

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