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IN RE JOHNS-MANVILLE CORP.

Nos. 1106, 1107, Dockets 86-5068, 86-5070.

824 F.2d 176 (1987)

In re JOHNS-MANVILLE CORPORATION, et al., Debtors. Leon DUBIN, Carl Albero, et al. (Approximately 300 holders of shares of common stock of Johns-Manville Corporation), Appellants, v. SECURITIES AND EXCHANGE COMMISSION, Johns-Manville Corporation, et al., Committee of Unsecured Creditors, Committee of Asbestos-Related Litigants and/or Creditors, The Legal Representative for Future Claimants and The United States Trustee, Appellees.

United States Court of Appeals, Second Circuit.

Decided July 13, 1987.

Attorney(s) appearing for the Case

Laurence J. Kaiser, New York City (Karen M. Klein, Ingrid R. Sausjord, Kronish, Lieb, Weiner & Hellman, New York City, on the brief), for appellants Individual Shareholders.

Paul Gonson, Solicitor, S.E.C., Washington, D.C. (Daniel L. Goelzer, Gen. Counsel, Jacob H. Stillman, Assoc. Gen. Counsel, Michael A. Berman, Senior Sp. Counsel, Batya Roth, S.E.C., Washington, D.C., on the brief), for appellee S.E.C., in support of appellants.

Herbert Stephen Edelman, New York City (Andrew A. Kress, Levin & Weintraub & Crames, New York City, Lowell Gordon Harriss, Laureen Bedell, Davis Polk & Wardwell, New York City, on the brief), for appellees Johns-Manville Corp., et al.

Elihu Inselbuch, New York City (Julia L. Porter, Caplin & Drysdale, New York City, on the brief), for appellee Committee of Asbestos Health-Related Litigants and/or Creditors.

Matthew Gluck, Fried, Frank, Harris, Shriver & Jacobson, New York City, submitted a brief for appellee Legal Representative for Future Claimants.

Before OAKES, NEWMAN, and PIERCE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal presents the question whether an order denying a request for a shareholder committee in a bankruptcy proceeding is appealable to the court of appeals or only reviewable upon appeal from a confirmation of a reorganization plan. Just before the submission of a plan of reorganization in the Johns-Manville bankruptcy proceeding, a joint shareholder committee representing common and preferred shareholders was disbanded by the Bankruptcy...

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