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IN RE HEXCEL CORP.

No. C 99-2838 CRB.

239 B.R. 564 (1999)

In re HEXCEL CORPORATION, Debtor. Hexcel Corporation, Plaintiff, Appellant, v. Stepan Company, Defendant, Appellee.

United States District Court, N.D. California.

August 19, 1999.

Attorney(s) appearing for the Case

Katherine D. Ray, Goldberg, Stinnett, Meyers & Davis, San Francisco, CA, for plaintiff.

Shelly Rothschild, Whitman, Breed, Abbott & Morgan, Los Angeles, CA, for defendant.

ORDER

BREYER, District Judge.

The issue presented on this appeal is whether the bankruptcy court applied the correct legal standard when it used the "fair contemplation" test set forth in In re Jensen, 995 F.2d 925 (9th Cir.1993) (per curiam), to determine whether Stepan's third-party contribution claim against Hexcel was discharged in a prior bankruptcy proceeding. For the reasons set forth below, the ruling of the...

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