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BNY, CAPITAL FUNDING LLC v. US AIRWAYS, INC.

Civil Action No. 1:06-296.

345 B.R. 549 (2006)

BNY, CAPITAL FUNDING LLC, Appellant, v. US AIRWAYS, INC., Appellee.

United States District Court, E.D. Virginia, Alexandria Division.

July 7, 2006.

Attorney(s) appearing for the Case

Benjamin C. Ackerly, Hunton Williams LLP, Richmond, VA, Raymond Lang Sweigart, Pillsbury Winthrop Shaw Pittman LLP, McLean, VA, for Appellant.

Douglas M. Foley, McGuirewoods LLP, Norfolk, VA, for Appellee.

MEMORANDUM ORDER

LEE, District Judge.

THIS MATTER is before the Court on appeal from the United States Bankruptcy Court for the Eastern District of Virginia. This case concerns Appellant BNY, Capital Funding's ("BNY") objection to Appellee U.S. Airways retaining certain rights agreed to by BNY in a Letter of Intent ("LOT") dated February 27, 2003. The issues before the court are: (1) whether the LOI is an executory contract and thus subject to the...

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