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IN RE ERIE LACKAWANNA RY. CO.

Nos. 85-3588, 85-3610.

803 F.2d 881 (1986)

In re ERIE LACKAWANNA RAILWAY COMPANY, Debtor. ERIE LACKAWANNA RAILWAY COMPANY, Petitioner-Appellee, v. John HENNING; Victor LaScala, (85-3588), Consolidated Rail Corporation, (85-3610,) Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 21, 1986.

Rehearing and Rehearing Denied January 6, 1987.

Attorney(s) appearing for the Case

Robert J.F. Brobyn, Brobyn & Forceno, J. Michael Farrell, Philadelphia, Pa., for John Henning and Victor LaScala.

Howard W. Goldstein (argued), Mudge, Rose, Guthrie, Alexander & Ferdon, New York City, for Erie Lackawanna Ry. Corp.

Ralph G. Wellington (argued), Margaret S. Woodruff, Bonnie R. MacDougal, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Gary D. Bullock, Cincinnati, Ohio, for Consolidated Rail Corp.

Before KEITH and GUY, Circuit Judges; and BALLANTINE, District Judge.

Rehearing and Rehearing En Banc Denied January 6, 1987.

KEITH, Circuit Judge.

Appellants, Consolidated Rail Corporation (Conrail), John Henning and Victor LaScala, appeal the district court's June 18, 1985, order enjoining their asbestos-related claims against Erie Lackawanna Railway Company (Debtor). The key issue on appeal is whether to construe the Debtor's restructuring pursuant to Section 77 of the Bankruptcy...

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