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IN RE EAGLE-PICHER INDUSTRIES, INC.

No. 00-4469.

285 F.3d 522 (2002)

In re EAGLE-PICHER INDUSTRIES, INC., et al., Debtors. Mayor and City Council of Baltimore, Maryland, Appellant, v. State of West Virginia, Michigan School Class Action, County of Wayne, Michigan, and B.C. Hydro & Electric, Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 4, 2002.

Attorney(s) appearing for the Case

Carl E. Tuerk, Jr. (argued and briefed), Cooper & Tuerk, Baltimore, MD, Fredric Francis Tilton (briefed), Cincinnati, OH, Stanley J. Levy, Levy, Phillips & Konigsberg, LLP, New York, NY, for Appellant.

Philip J. Goodman (argued and briefed), Brmingham, MI, Edward B. Cottingham (briefed), Jr., Ness, Motley, Loadholt, Richardson & Poole, Mt. Pleasant, SC, for Appellees.

Before BOGGS and MOORE, Circuit Judges; RUSSELL, District Judge.

OPINION

RUSSELL, District Judge.

This is an appeal from a bankruptcy court order granting Appellees West Virginia, et al., preferred status in the disposition of a settlement trust corpus funded by Debtor Eagle-Picher Industries, Inc., despite Appellees' failure to comply fully with a mandatory notification provision. While Appellees were required to give notice to three entities as a prerequisite to preferred status, they only notified two of the...

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