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IN RE JOHNS-MANVILLE CORP.

No. 1385, Docket 90-5016.

920 F.2d 121 (1990)

In re JOHNS-MANVILLE CORPORATION, et al., Debtors. STATE GOVERNMENT CREDITORS' COMMITTEE FOR PROPERTY DAMAGE CLAIMS, Appellant, v. Robert B. McKAY, Thomas F. Eagleton, D. Reid Weedon, Jr., as Trustees of the Manville Property Damage Settlement Trust; Creditors' Committee for Asbestos Related Property Damage School Claimants; and Big City Property Damage Creditors Committee; Appellees.

United States Court of Appeals, Second Circuit.

Decided November 26, 1990.

Attorney(s) appearing for the Case

Robert Somma (Gayle M. Merling, Goldstein & Manello, Boston, Mass., of counsel), for appellant.

George A. Davidson (Theodore V.H. Mayer, Sean F. Reilly, Thomas P. Higgins, Hughes Hubbard & Reed, New York City, of counsel), for appellees Robert B. McKay, Thomas F. Eagleton, and D. Reid Weedon, Jr., as Trustees of the Manville Property Damage Settlement Trust.

Ellen P. Chapnick, New York City, (Morton J. Marshack, Wolf Popper Ross Wolf & Jones, Attorneys for the Creditors' Committee for Asbestos Related Property Damage School Claimants, Victor A. Kovner, Corp. Counsel of the City of New York, Attorney for the Big City Property Damage Creditors Committee, New York City, of counsel), for Appellees Creditors' Committee for Asbestos Related Property Damage School Claimants and Big City Property Damage Creditors Committee.

Stephen J. Nolan (Nolan, Plumhoff & Williams, Chartered, Towson, Md., of counsel), for Baltimore County, Md. and Anne Arundel County, Md., amici curiae.

Before ALTIMARI and MAHONEY, Circuit Judges, and POLLACK, District Judge.

MAHONEY, Circuit Judge:

The State Government Creditors' Committee for Property Damage Claims (the "State Committee") appeals from an order and judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, Judge, entered March 16, 1990. The district court's order and judgment affirmed an order of the United States Bankruptcy Court for the Southern District of New York, Burton R. Lifland, Chief Judge, dated February...

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