IN RE COMBUSTION ENGINEERING, INC.

Civil Action No. 04-1550(JEI), Bankruptcy No. 03-10495(JKF), Adversary Proc. No. 03-53076.

366 F.Supp.2d 224 (2005)

In re COMBUSTION ENGINEERING, INC., Debtor. TIG Insurance Company (solely as successor by merger to International Insurance Company), and The North River Insurance Company, Plaintiffs, v. Combustion Engineering, Inc., and Basic, Inc., Defendants.

United States District Court, D. New Jersey.

April 21, 2005.


Attorney(s) appearing for the Case

Marks, O'Neill, O'Brian and Courtney, P.C. by Brian L. Kasprzak, Esq., Wilmington, DE, Crowell & Moring LLP, by Jonathan H. Pittman, Esq., Sidley Austin Brown & Wood LLP by Carter Phillips, Esq., Washington, DC, for Plaintiffs.

Kirkland & Ellis LLP by Lisa G. Esayian, Esq., Chicago, IL, for Defendant Basic, Inc.

Kirkpatrick & Lockhart LLP by Philip H. Hecht, Esq., Washington, DC, for Defendant Combustion Engineering, Inc.

Pachulski, Stang, Ziehl, Young, Jones & Wientraub P.C. by Michael P. Migloire, Esq., Wilmington, DE, for Defendants Combustion Engineering, Inc., and Basic, Inc.

Gilbert Heintz & Randolph LLP by Jonathan M. Cohen, Esq., Washington, D.C., for Future Claimants.


OPINION

IRENAS, Senior District Judge.1

The instant interlocutory appeal arises from an adversary proceeding associated with the Chapter 11 bankruptcy filing of Combustion Engineering, Inc. ("CE"). See In re Combustion Engineering, Inc., Dist. of Delaware Bankruptcy No. 00-10495. Plaintiffs-Appellants TIG Insurance Company, as successor by merger to International Insurance Company ("International"), and the North River...

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