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IN RE G-I HOLDINGS, INC.

No. 03-3188.

385 F.3d 313 (2004)

In re: G-I HOLDINGS, INC. f/k/a/ GAF Corporation, Debtor. The Official Committee of Asbestos Claimants, Appellant v. G-I Holdings, Inc. f/k/a GAF Corporation; Asbestos Demand Holders; United States Department of Justice; United States Department of Trustee; Bank of New York.

United States Court of Appeals, Third Circuit.

Filed September 24, 2004.

Attorney(s) appearing for the Case

Elihu Inselbuch (Argued), Caplin & Drysdale, Chtd., New York, NY, Peter Van N. Lockwood, Trevor W. Swett, Albert G. Lauber, Caplin & Drysdale, Chtd., Washington, DC, for Appellant.

Martin J. Bienenstock (Argued), Weil, Gotshal & Manges LLP, New York, NY, Dennis J. O'Grady, Riker, Danzig, Scherer, Hyland & Perretti LLP, Morristown, NJ, for Appellee.

Before ALITO, SMITH, and BECKER Circuit Judges.

OPINION

ALITO, Circuit Judge.

This is an appeal by the Official Committee of Asbestos Claimants ("the Committee") from a District Court order that affirmed a Bankruptcy Court order denying the Committee's motion for the appointment of a chapter 11 trustee. The Committee contends that the District Court and the Bankruptcy Court misapplied our decision in In re Marvel Entertainment Group Inc., 140 F.3d 463 (3d Cir.1998...

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