IN RE US AIRWAYS GROUP, INC., (Bankr.E.D.Va. 2004)

Case No. 02-83984-SSM, (Jointly Administered)United States Bankruptcy Court, E.D. Virginia.
February 10, 2004

Arpana B. Joshi, Esquire, O’Melveny Myers, LLP, Washington, DC, of Co-counsel for the reorganized debtor

Douglas M. Foley, Esquire, McGuireWoods, LLP, Norfolk, VA, of Local counsel for the reorganized debtor

ORDER
STEPHEN MITCHELL, Bankruptcy Judge

Upon consideration of the cross-motions for summary judgment filed by the reorganized debtors and Phillip H. Frazier, and for the reasons stated in the memorandum opinion filed with this order, it is

ORDERED:

1. The reorganized debtor’s motion for summary judgment (Doc. # 4223) is granted in part and denied in part, and Mr. Frazier’s cross-motion for summary judgment (Doc. # 4443) is denied. Summary judgment is granted sustaining the reorganized debtor’s objection (Doc. # 2158) to Claim No. 3956 filed by Phillip H. Frazier except for the issues of whether the debtor is liable to the claimant for maintaining a “100% healed” policy in violation of the Americans with Disabilities Act and whether the debtor is liable to the claimant for the cost of orthotics that it failed to provide to the claimant in violation of the California Labor Code.

2. The clerk shall mail a copy of the memorandum opinion and this order, or provide electronic notice of their entry, to the parties listed below.