IN RE JOINT EAST. & SOUTH. DIST. ASBESTOS LITIG.

Nos. 82 B 11656(BRL) through 82 B 11676(BRL). No. 90 CV 3973(JBW).

237 F.Supp.2d 297 (2002)

In re JOINT EASTERN AND SOUTHERN DISTRICTS ASBESTOS LITIGATION. In re Johns-Manville Corporation, et al., Debtors. Bernadine K. Findley et al., on behalf of themselves, and all others similarly situated as beneficiaries of the Manville Personal Injury Settlement Trust, Plaintiffs, v. Trustees of the Manville Personal Injury Settlement Trust, not individually but solely in their capacities as Trustees, Defendants.

United States District Court, E. & S.D. New York. United States Bankruptcy Court, S.D. New York.

December 27, 2002.


Attorney(s) appearing for the Case

Claims Resolution Management by David T. Austern, Fairfax, VA, for Manville Trust Trustees.

Caplin & Drysdale by Elihu Inselbuch, New York, NY, Ness Motley by Joe Rice, Esq., Mt. Pleasant, SC, for Selected Counsel for the Beneficiaries.

Paul, Weiss, Rifkind, Wharton & Garrison by Leslie Gordon Fagen, Jeffrey Nagel, New York, NY, for Legal Representative of Future Claimants.

RAND Corporation by Mark Peterson, Santa Monica, CA, for Special Advisor to the Trust.

Weitz & Luxenberg, P.C. by Perry Weitz, C. Sanders McNew, New York, NY, Levy Phillips & Konigsberg, LLP by Stanley J. Levy, Esq., New York, NY, Law Offices of Peter T. Nicholl by Timothy Hogan, Baltimore, MD, Goldberg, Persky, Jennings & While by Mark Meyer, Pittsburgh, PA, for Plaintiffs.

Kazan, McClain, Edises, Abrams, Fernandez, Lyons & Farrise by Steven Kazan, Oakland, CA, for Plaintiffs and Unofficial Committee of Select Asbestos Claimants.

Faricy & Roen, P.A. by James R. Harries, Minneapolis, MN, Law Offices of James J. Higgins by James J. Higgins, Florham Park, NJ, for MacArthur Subclass.

Debevoise & Plimpton by Roger E. Podesta, New York, NY, for Owens Corning and Co-defendant Subclass.

Pepper Hamilton, LLP by Francis J. Lawall, Philadelphia, PA, for Distributors Subclass.

Schiff, Hardin & Waite by Robert H. Riley, Chicago, IL, for Owens Illinois.

Goldfein & Hosmer by John A. Turlick, Philadelphia, PA, for Garlock Sealing Technologies LLC.

Orrick, Herrington & Sutcliff, LLP by James Lamont Stengel, New York, NY, Mayer, Brown & Platt by Michael O. Ware, New York, NY, McDermott, Will & Emery by Donald Pugliese, New York, NY, Law Offices of Peter G. Angelos by Paul M. Matheny, Towson, MD, for Interested Persons.


MEMORANDUM & ORDER

WEINSTEIN, Senior District Judge and BURTON R. LIFLAND, Bankruptcy Judge.

                                 Table of Contents

    I. Introduction ............................................... 300

   II. Facts ...................................................... 301
       A.  History ................................................ 301
           1.  Asbestos Litigation Crisis.......................... 301
 ...

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