IN RE JOINT EASTERN & SOUTHERN DIST. ASBESTOS LIT.

Nos. 634, 635, 633, Docket 93-5064, 93-5066 and 93-5070.

14 F.3d 151 (1994)

In re JOINT EASTERN AND SOUTHERN DISTRICT ASBESTOS LITIGATION. In re JOHNS-MANVILLE CORPORATION, Debtor. 1,087 VIRGINIA ASBESTOS DISEASE JUDGMENT AND SETTLEMENT CREDITORS OF the MANVILLE CORPORATION ASBESTOS DISEASE COMPENSATION FUND (Manville Personal Injury Settlement Trust), et al., Cimino, A Group of Approximately 2,236 Individuals, Appellants, v. MANVILLE PERSONAL INJURY SETTLEMENT TRUST, Appellee. 1,087 VIRGINIA ASBESTOS DISEASE JUDGMENT AND SETTLEMENT CREDITORS OF the MANVILLE CORPORATION ASBESTOS DISEASE COMPENSATION FUND (Manville Personal Injury Settlement Trust), Cimino, A Group of Approximately 2,236 Individuals, Majorie Ocasek Special Administrator of the Estate of Hugh Wilson, 34 Tennessee Claimants, et al., Appellees, v. Paul L. SAFCHUCK, Napoleon Cathcart, and 650 Similarly Situated Persons, and Inez B. Walters and 10,177 Similarly Situated Persons, Appellants, Manville Personal Injury Settlement Trust, Leslie Gordon Fagen, Legal Representative of Future Claimants, Appellees.

United States Court of Appeals, Second Circuit.

Decided January 11, 1994.


Attorney(s) appearing for the Case

Shepard A. Hoffman, Washington, DC, Connerton, Ray & Simon, for Cathcart & 650 Similarly Situated Persons.

Richard F. Scruggs, Pascagoula, MS (Lawson F. Bernstein, New York City, on the brief), for Walters & 10,177 Similarly Situated Persons.

Joel I. Klein, Washington, DC (Paul M. Smith, Klein, Farr, Smith & Taranto, Washington, DC, Michael E. Schoeman, Schoeman, Marsh & Updike, New York City, Robert R. Hatten, Patten, Wornom & Watkins, Newport News, VA, Richard S. Glasser, Glasser & Glasser, Norfolk, VA, on the brief), for Virginia Judgment Creditors.

Murray Drabkin, Washington, DC (Hopkins & Sutter, Washington, DC, Alan Nisselson, Brauner Baron Rosenzweig & Klein, New York City, Greg Thompson, Provost & Umphrey, Wayne A. Reaud, Reaud, Morgan & Quinn, Beaumont, TX, on the brief), for Cimino Group.

Michael Y. Rowland, Knoxville, TN, for 34 Tennessee Claimants.

Kathy Byrne, Cooney & Conway, Chicago, IL, submitted a brief, for Ocasek.

James L. Stengel, New York City (Donovan Leisure Newton & Irvine, on the brief), for Manville Personal Injury Settlement Trust.

Leslie Gordon Fagen, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, on the brief), for Legal Representative of Future Claimants.

Before: NEWMAN, Chief Judge, MINER and McLAUGHLIN, Circuit Judges.


JON O. NEWMAN, Chief Judge:

This appeal primarily presents a challenge to the settlement of the claims of three groups of asbestos victims who have obtained final judgments or settlements against the Manville Personal Injury Settlement Trust ("the Trust"). The appeal is a further round in the protracted class action, see In re Joint Eastern and Southern District Asbestos Litigation, 982 F.2d 721 (2d Cir.1992), modified,...

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