IN RE JOHNS-MANVILLE CORP.

No. 85 Civ. 8922 (GLG), Bankruptcy Nos. 82 B 11656-82 B 11676, Adv. No. 85-6557A.

60 B.R. 842 (1986)

In re JOHNS-MANVILLE CORPORATION, et al., Debtors. MANVILLE CORPORATION, Plaintiff-Appellee, v. The EQUITY SECURITY HOLDERS' COMMITTEE, et al., Defendant-Appellants.

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

April 30, 1986.


Attorney(s) appearing for the Case

Hahn & Hessen, Davis Polk & Wardwell, New York City, for defendants-appellants; George A. Hahn, Herbert L. Ash, Angela G. Tese, Steven J. Mandelsberg, Lowell Gordon Harriss, Deborah S. Guyol, of counsel.

Levin & Weintraub & Crames, New York City, for plaintiff-appellee Manville Corp.; Michael J. Crames, Herbert Stephen Edelman, Andrew A. Kress, of counsel.

Securities and Exchange Com'n, Washington, D.C. (Daniel L. Goelzer, Gen. Counsel, Paul Gonson, Sol., Jacob H. Stillman, Associate Gen. Counsel, Richard A. Kirby, Asst. Gen. Counsel, Stephen M. DeTore, of counsel), Securities and Exchange Com'n, New York City (Ira Lee Sorkin, Regional Admin., Charles E. Padgett, Associate Regional Admin., Nathan M. Fuchs, Chief Counsel, Corporate Reorganization, Virginia M. Handal, of counsel), for plaintiff-appellee Securities and Exchange Com'n.

Gilbert, Segall and Young, New York City, for The Committee of Asbestos Health Related Claimants and/or Creditors; Elihu Inselbuch, of counsel.

Fried, Frank, Harris, Shriver & Jacobson, New York City, for the Legal Representative; Matthew Gluck, of counsel.

Milbank, Tweed, Hadley & McCloy, New York City, for Committee of Unsecured Creditors; John G. Gellene, of counsel.


OPINION

GOETTEL, District Judge:

In the annals of mass tort actions and bankruptcy proceedings, nothing has rivalled the boundless asbestos litigation and the attempted reorganization of the company that was the leading manufacturer of asbestos, the Johns-Manville Corporation (now known as "Manville Corporation"). Plaintiff/appellee Manville Corporation ("Manville") is a Delaware corporation well into its fourth year of reorganization under Chapter 11 of...

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