DANA CORP. v. CELOTEX ASBESTOS SETTLEMENT TRUST

Nos. 99-4494, 99-4493.

251 F.3d 1107 (2001)

DANA CORPORATION, Plaintiff-Appellee, v. CELOTEX ASBESTOS SETTLEMENT TRUST, Intervenor-Appellant, Fireman's Fund Insurance Companies, et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 4, 2001.


Attorney(s) appearing for the Case

ARGUED: Matthew Gluck, FRIED, FRANK, HARRIS, SHRIVER & JACOBSON, New York, New York, for Appellant.

Mark I. Levy, HOWREY, SIMON, ARNOLD & WHITE, Washington, D.C., Richard S. Walinski, COOPER, WALINSKI, & CRAMER, Toledo, Ohio, for Appellee.

ON BRIEF: Matthew Gluck, Barry G. Sher, FRIED, FRANK, HARRIS, SHRIVER & JACOBSON, New York, New York, Joan C. Szuberla, Theodore M. Rowen, SPENGLER NATHANSON, Toledo, Ohio, for Appellant.

Richard S. Walinski, COOPER, WALINSKI, & CRAMER, Toledo, Ohio, Mark I. Levy, John Briggs, HOWREY, SIMON, ARNOLD & WHITE, Washington, D.C., for Appellee.

Before KEITH, SILER, and CLAY, Circuit Judges.


Decided and Filed: June 4, 2001. Pursuant to Sixth Circuit Rule 206

OPINION

CLAY, Circuit Judge.

This is a consolidated appeal. In Case No. 99-4494, Intervenor, Celotex Asbestos Settlement Trust ("the Trust"), appeals from the district court's order entered on August 20, 1999, granting summary judgment to Plaintiff, Dana Corporation ("Dana"), on Dana's suit for declaratory judgment, while also concluding that Dana did not owe any indemnification...

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