LIPPE v. BAIRNCO CORP.

No. 96 CIV. 7600(DC).

249 F.Supp.2d 357 (2003)

Richard A. LIPPE, Archie R. Dykes, and John J. Robbins, as Trustees for Keene Creditors Trust, Plaintiffs, v. BAIRNCO CORPORATION et al., Defendants.

United States District Court, S.D. New York.

March 14, 2003.


Attorney(s) appearing for the Case

Levy Phillips & Konigsberg, LLP by Stanley J. Levy, Esq., Brian T. Fitz-Patrick, Esq., Benjamin Schneider, Esq., Lizabeth Burrell, Esq., New York City, Saiber Schlesinger Satz & Goldstein, LLC by David R. Gross, Esq., Geoffrey Gaulkin, Esq., Christopher Chiafullo, Esq. Whitney Chelnik, Esq., James H. Gianninoto, Esq., Christina Dente, Esq., Newark, NJ, Budd Larner Rosenbaum Greenberg & Sade, P.C. by Kathleen Marchetti, Esq., William D'Annunzio, Esq., Anthony DiMaggio, Esq., Short Hills, NJ, for Plaintiffs.

Debevoise & Plimpton by John H. Hall, Esq., Steven Klugman, Esq., Jeremy Feigelson, Esq., J. Paul Oetken, Esq., Steve Vaccaro, Esq., Jennifer R. Cowan, Esq., Caroline H. Luckenbach, Esq., Ross Hirsch, Esq., Schulte Roth & Zabel LLP by Irwin J. Sugarman, Esq., Brooks R. Burdette, Esq., David K. Momborquette, Esq., Michael S. Chernis, Esq., Mary Morabito Rosewater, Esq., Aron Egan Weiss, Esq., New York City, McCarter & English, LLP by Charles F. Rysavy, Esq., Alissa Pyrich, Esq., Newark, NJ, Abowitz, Timberlake & Dahnke, P.C. by Murray E. Abowitz, Esq., Oklahoma City, OK, for Defendants.


OPINION

CHIN, District Judge.

In 1993, after more than 100,000 asbestos lawsuits had been brought against it, Keene Corporation ("Keene") filed for bankruptcy. In this case, plaintiffs, the Trustees of the Keene Creditors Trust (the "Trust"), contend that Keene knew in the early 1980s, more than a decade before it went into bankruptcy, that someday it would be overrun by asbestos personal injury cases. Plaintiffs contend that Keene and its management...

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