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IN RE U.S. AIRWAYS GROUP, INC. (Bankr.E.D.Va. 2003)
STEPHEN MITCHELL, Bankruptcy Judge
A hearing was held in open court on September 4, 2003, on the motion (Doc. # 3635) by the reorganized debtors for summary judgment denying the request for payment of administrative expense claim filed by Sarah Futch Hall et al. in the amount of $224,625,000.00 in the case of U.S. Airways, Inc., one of the debtors in these jointly administered cases. The claimants and the reorganized debtors were present by counsel.
Consistent with the case management order entered in this case, the request for payment of administrative expense was filed with the claims agent rather than the clerk; however, notice of its submission was filed with the clerk (Doc. # 3326). The actual request is attached as an exhibit to the motion for summary judgment.
Upon consideration of the pleadings, memoranda, exhibits, and argument of counsel, and for the reasons stated orally on the record, the court concludes that any damages incurred by the claimants during the period from August 12, 2002, through March 31, 2003, as a result of the conduct alleged in the Third Amended and Supplemental Class Action Complaint filed by the claimants in the United States District Court for the Easter District of North Carolina would not be entitled to payment as an administrative expense. It is, accordingly,
ORDERED:
1. The motion for summary judgment is granted, and the request for payment of administrative expense claim is denied.
2. The clerk shall mail a copy of this order, or give electronic notice of its entry, to the parties listed below.
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