In the Matter of NATIONAL GYPSUM COMPANY, Debtor.
Century Indemnity Co.; Insurance Company of North America, Appellees,
v.
National Gypsum Company Settlement Trust; Asbestos Claims Management Corporation, Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
March 31, 2000.
March 31, 2000.
Attorney(s) appearing for the Case
Stephen A. Goodwin, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, John G. Niles (argued), Richard David Beller, O'Melveny & Myers, Los Angeles, CA for Appellees.
David A. Murdoch (argued), Donald E. Seymour, David M. Aceto, Kirkpatrick & Lockhart, Pittsburgh, PA, Sander Esserman, Dallas, TX, for Appellants.
Before EMILIO M. GARZA and PARKER, Circuit Judges, and FITZWATER, District Judge.
United States Court of Appeals, Fifth Circuit.
ROBERT M. PARKER, Circuit Judge:
Appellants,2 a reorganized Chapter 11 Bankruptcy debtor, filed suit seeking a declaratory judgment that appellee's claim stemming from an assumed contract was discharged in the debtor's earlier bankruptcy proceedings. At summary judgment, the bankruptcy court determined that the claim was not discharged, but that the contract was assumed with a binding $0 cure amount. Both parties appealed. The district...
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