EVILSIZOR v. EAGLE-PICHER INDUSTRIES, INC.

Nos. 82-2420, 82-2343, 82-2413 and 82-2344.

725 F.2d 97 (1984)

Valva L.J. EVILSIZOR, for Estate of Herschel Grant Evilsizor, Deceased, Plaintiff-Appellee, v. EAGLE-PICHER INDUSTRIES, INC. and Fibreboard Corporation, Defendants-Appellants. Kenneth BELLOWS and Nova Bellows, Plaintiffs-Appellees, v. FIBREBOARD CORPORATION and Eagle-Picher Industries, Inc., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

January 16, 1984.


Attorney(s) appearing for the Case

Michael P. Oliver, Overland Park, Kan. (Frank Saunders, Jr., Overland Park, Kan., with him on the brief), of Wallace, Saunders, Austin, Brown & Enochs, Overland Park, Kan., for defendant-appellant Eagle-Picher Industries.

Kurt A. Harper of Sherwood & Hensley, Wichita, Kan., for defendant-appellant Fibreboard Corp.

Paul H. Hulsey of Jones, Schroer, Rice, Bryan & Lykins, Topeka, Kan., for plaintiffs-appellees.

Before HOLLOWAY and LOGAN, Circuit Judges, and ARRAJ, District Judge.


LOGAN, Circuit Judge.

Eagle-Picher Industries, Inc. and Fibreboard Corporation appeal from an order denying their motions to stay two diversity suits in which they are defendants. After plaintiffs filed their suits, two other defendants named in both suits, Johns-Manville Sales Corp. and Unarco Industries, Inc., filed for reorganization under Chapter 11 of the Bankruptcy Code. Consequently, the suits were automatically stayed as to Johns-Manville and Unarco pursuant...

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