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IN RE SGL CARBON CORP.

Nos. 99-5319, 99-5382.

200 F.3d 154 (1999)

In re SGL CARBON CORPORATION, Debtor Official Committee of Unsecured Creditors, Appellant at No. 99-5319 Nucor Corporation; Nucor-Yamato Steel Company, Appellants at No. 99-5382

United States Court of Appeals, Third Circuit.

Decided December 29, 1999.

Attorney(s) appearing for the Case

Philip Bentley (Argued), Kenneth H. Eckstein, Kramer, Levin, Naftalis & Frankel, New York, New York,

Teresa K.D. Currier, Duane, Morris & Heckscher, Wilmington, Delaware, Attorneys for Appellant, Official Committee of Unsecured Creditors.

James J. Rodgers (Argued), Dilworth Paxson LLP, Philadelphia, Pennsylvania,

Michael D. Ridberg, Ridberg, Press & Sherbill, Bethesda, Maryland, Attorneys for Appellants, Nucor Corporation; Nucor-Yamato Steel Company.

George J. Wade (Argued), Shearman & Sterling, New York, New York,

Laura D. Jones, Young, Conaway, Stargatt & Taylor, Wilmington, Delaware, Attorneys for Appellee, SGL Carbon Corporation.

Before: SCIRICA and McKEE, Circuit Judges, and BROTMAN, District Judge.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The issue on appeal is whether, on the facts of this case, a Chapter 11 bankruptcy petition filed by a financially healthy company in the face of potentially significant civil antitrust liability complies with the requirements of the Bankruptcy Code. In this case, the Official Committee of Unsecured Creditors of SGL Carbon Corporation appeals the District Court's order denying its motion to dismiss SGL Carbon...

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