CHEMETRON CORP. v. JONES

No. 94-3371.

72 F.3d 341 (1995)

CHEMETRON CORPORATION v. Phyllis Jaskey JONES; Pamela Jo Swansinger; Sandra Jaskey Hujarski; Patricia Hujarski; Teresa Hujarski Ross; Janice Jaskey Butvin; Frank Butvin; Robert Butvin; Brian Butvin; Susan Butvin; Walter Anielski; Arlene Vans; Yvonne Vans Bekoscke; Anthony Vans; Gregory Vans; Carol Schultz; Mary Shaffer; Brittany Cull; Stephanie Schaffer, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 18, 1995.

As Amended December 21, 1995.


Attorney(s) appearing for the Case

William Mitchell (argued), Deborah J. Papushak, Armstrong, Mitchell & Damiani, Cleveland, Ohio for Appellants.

Dennis G. Terez (argued), Squire, Sanders & Dempsey, Cleveland, Ohio, George L. Cass, Buchanan, Ingersoll, Professional Corporation, Pittsburgh, PA, for Appellee.

Before: SCIRICA, ROTH and SAROKIN, Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge:

In this appeal, we consider whether a group of former residents and occasional visitors to a neighborhood containing a toxic site were "known" creditors entitled to actual written notice of the debtor's bankruptcy filing and bar claims date. We hold that the members of this group were not known creditors and that therefore publication notice satisfied the requirements of due process. However, we also conclude that...

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