Independent Union of Flight Attendants v. Pan American World Airways, Inc., and Pan Am Corporation
Opinion
Opinion
ORDER
Our opinion in this ease was filed on January 10, 1991. Appellant Independent Union of Flight Attendants (IUFA) timely petitioned for rehearing with a suggestion for rehearing en banc. Because both ap-pellees Pan American World Airways, Inc. and Pan Am Corporation (collectively Pan Am) had filed voluntary Chapter 11 petitions, we were precluded by the automatic stay, 11 U.S.C. § 362 (a), from acting on IUFA’s petition. In response to our call for a status report, IUFA has moved to dismiss its appeal for mootness. The basis of IUFA’s motion is that it has withdrawn the grievance which it sought to compel Pan Am to arbitrate by this action. See Independent Union of Flight Attendants v. Pan American World Airways, Inc., 923 F.2d 678, 679 (9th Cir.1991).
Pan Am opposes the motion on the merits. In addition, it contends that the Bankruptcy Code’s automatic stay, 11 U.S.C. § 362 (a) prohibits any further action in this appeal, presumably including any action on IUFA’s motion to dismiss.
This Circuit has not yet decided the issue of whether dismissal, or any step to secure a dismissal, is the “continuation” of a judicial proceeding against a debtor under § 362. The circuits that…