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TEAMSTERS NATIONAL FREIGHT INDUSTRY v. HOWARD'S EXPRESS

United States District Court, W.D. New York


March 19, 2004.

TEAMSTERS NATIONAL FREIGHT INDUSTRY NEGOTIATION COMMITTEE, THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AND ITS AFFILIATED LOCAL UNIONS, Appellants,
v.
HOWARD'S EXPRESS, INC., Appellees.

The opinion of the court was delivered by: CHARLES SIRAGUSA, District Judge

DECISION AND ORDER

This is an appeal from a decision and order arising out of a Bankruptcy Code Chapter, 11 U.S.C. § 1101 et seq., reorganization pending in bankruptcy court. Appellants ask this Court to reverse the decision and order of the Bankruptcy Court for the Western District of New York (Ninfo, C.J.), entered on May 29, 2003, holding that Appellee was authorized under 11 U.S.C. § 1113 to reject the collective bargaining agreement entered into by it with Teamsters and effective from October 1, 2000 to March 31, 2003.

Immediately prior to oral argument, and long after the Court had expended time studying the briefs of counsel and the transcript of the hearing before Judge Ninfo, the Court learned for the first time that the Chapter 11 case had been converted to one under Chapter 7 and that the Appellee company is being liquidated. Following a brief oral argument with both counsel, the Court determined that this appeal has been mooted by the later developments in the case and, therefore, it is hereby

  ORDERED, that the appeal is dismissed as moot.

  IT IS SO ORDERED.

20040319

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