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IAM STOCK OWNERSHIP INV. v. EASTERN AIR LINES

Civ. A. No. 86-208-JLL.

639 F.Supp. 1027 (1986)

The IAM STOCK OWNERSHIP INVESTMENT TRUST FUND and Russell McGarry, as Plan Trustee of the IAM Stock Ownership Investment Trust Fund, Plaintiffs, v. EASTERN AIR LINES, INC., Defendant.

United States District Court, D. Delaware.

July 3, 1986.

Attorney(s) appearing for the Case

Henry N. Herndon, Jr. and Grover C. Brown of Morris, James, Hitchens & Williams, Wilmington, Del. and Stephen L. Hester, Robert D. Rosenbaum, Philip W. Horton, David P. Gersch of Arnold & Porter, Washington, D.C., of counsel, for plaintiffs.

Paul P. Welsh and Palmer L. Whisenant of Morris, Nichols, Arsht & Tunnell, Wilmington, Del. and James H. Bratton, Jr., John G. Despriet, and Edward H. Wasmuth of Smith, Gambrell & Russell, Atlanta, Ga., of counsel, for defendant.

LATCHUM, Senior District Judge.

The plaintiffs in this case, The IAM Stock Ownership Investment Trust Fund (the "Trust") and Russell McGarry, the Plan Trustee of the Trust ("Trustee McGarry"), have moved for the entry of a mandatory preliminary injunction directing the defendant, Eastern Airlines, Inc. ("Eastern"), to pay and/or irrevocably commit to pay substantial legal and investment banker fees on the ground that Eastern is obligated under relevant governing instruments...

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