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PETERS v. PIKES PEAK MUSICIANS ASS'N.

No. 05-1017.

462 F.3d 1265 (2006)

M. Stephen PETERS, Plaintiff-Appellant, v. PIKES PEAK MUSICIANS ASSOCIATION, Defendant-Appellee. Colorado Springs Symphony Orchestra Association, Debtor.

United States Court of Appeals, Tenth Circuit.

September 1, 2006.

Attorney(s) appearing for the Case

Philip A. Pearlman, Pearlman & Dalton, P.C., Denver, CO, for Appellant.

Brent R. Cohen (S. Kato Crews with him on the brief), Rothgerber Johnson & Lyons LLP, Denver, CO, for Appellee.

Before HENRY, McKAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

This appeal arises from a bankruptcy case in which the Colorado Springs Symphony Orchestra contested the payment of its musicians' wages and benefits as administrative expenses from the bankrupt Orchestra's estate. At the time the Orchestra filed for Chapter 11 reorganization, the parties were subject to a collective bargaining agreement requiring the musicians to remain available for rehearsals and performances on a flexible basis. In exchange...

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