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IN RE JOHNS-MANVILLE CORP.

No. 83 Civ. 1744 (PNL).

31 B.R. 627 (1983)

In re JOHNS-MANVILLE CORPORATION, et al., Debtors KEENE CORPORATION, Plaintiff-Appellant, v. JOHNS-MANVILLE CORPORATION, et al., Defendants-Appellees.

United States District Court, S.D. New York.

July 21, 1983.

Attorney(s) appearing for the Case

Anderson, Russell, Kill & Olick, P.C., Arthur S. Olick, Irene C. Warshauer, Marcy Louise Kahn, Laurence Y. Solarsh, New York City, for plaintiff-appellant.

Davis, Polk & Wardwell, Miriam G. Cedarbaum, New York City, and Levin & Weintraub & Crames, New York City, for defendants-appellees Johns-Manville Corp., et al.

Moses & Singer, Robert J. Rosenberg, Shelly Rothschild, New York City, for the Committee of Asbestos-Related Litigants and/or Creditors.

OPINION AND ORDER

LEVAL, District Judge.

Keene Corporation appeals from an order of the Bankruptcy Court denying its motion for summary judgment and an injunction. In numerous lawsuits throughout the country alleging that plaintiffs have been poisoned by asbestos, Keene is named as a co-defendant with Johns-Manville Corporation and has asserted claims for indemnity or contribution against Johns-Manville. Since the Manville companies filed in the

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