IN RE U.S. BRASS CORP.

No. 98-41032.

169 F.3d 957 (1999)

In the Matter of U.S. BRASS CORP., Debtor. The Insurance Subrogation Claimants, Appellant, v. U.S. Brass Corp.; Shell Oil Company; Hoechst Celanese Corporation; Official Polybutylene Creditors Committee; Eljer Industries Inc.; Eljer Plumbingware Inc., Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 8, 1999.


Attorney(s) appearing for the Case

Mark Asher Weisbart, Malouf, Lynch, Jackson, Kessler & Collins, Dallas, TX, for Appellant.

Michael Richard Rochelle, Stephen T. Hutcheson, Rochelle, Hutcheson & Murphy, Dallas, TX, for U.S. Brass Corp.

Jarrel D. McDaniel, Daniel Anthony Hyde, John E. West, Anne M. Pike, Vinson & Elkins, Houston, TX, for Shell Oil Co.

Ellen Beth Malow, Kasowitz, Benson, Torres & Friedman, Houston, TX, Lorie R. Beers, Dewey Ballantine, New York City, for Hoechst Celanese Corp.

Patrick J. Neligan, Jr., Neligan & Averch, Dallas, TX, for Official Polybutylene Creditors Committee.

Oscar R. Cantu, Miami, FL, for Eljer Industries Inc. and Eljer Plumbingware Inc.

Before HIGGINBOTHAM, BARKSDALE and DENNIS, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Insurance Subrogation Claimants appealed an order of confirmation of a Chapter 11 reorganization plan proposed by U.S. Brass, the debtor, and its direct parents, Eljer Manufacturing, Inc., and EMI's parent Eljer Industries, Inc. The ISC contend that the plan violates 11 U.S.C. § 1123(a)(4), which requires all creditors within a class be treated the same, unless the creditor who is being treated less favorably agrees to...

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