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MATTER OF NATIONAL GYPSUM CO.

No. 96-11140.

118 F.3d 1056 (1997)

In the Matter of: NATIONAL GYPSUM COMPANY, a Delaware Corporation; Aancor Holdings, Inc., a Delaware Corporation, Debtors. INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. NGC SETTLEMENT TRUST & ASBESTOS CLAIMS MANAGEMENT CORPORATION, Appellee.

United States Court of Appeals, Fifth Circuit.

July 24, 1997.

Attorney(s) appearing for the Case

John G. Niles, Los Angeles, CA, Stephen A. Goodwin, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, Richard David Beller, O'Melveny & Myers, Los Angeles, CA, for Appellant.

David A. Murdoch, Donald E. Seymour, Kirkpatrick & Lockhart, Pittsburgh, PA, Sander L. Esserman, Dallas, TX, for Appellee.

Before GARWOOD, BENAVIDES and STEWART, Circuit Judges.

GARWOOD, Circuit Judge:

Appellees Asbestos Claims Management Corporation (ACMC) and the NGC Settlement Trust (Trust), successors to National Gypsum Company, a Chapter 11 debtor, brought this declaratory judgment adversary proceeding in the bankruptcy court seeking a declaration that collection efforts by National Gypsum's liability insurance carrier, appellant Insurance Company of North America (INA), seeking to recover certain pre-confirmation debts were violative...

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