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,
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,
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.
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