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IN RE DOW CORNING CORP.

No. 04-1916.

419 F.3d 543 (2005)

In re: DOW CORNING CORP., Debtor. Bear Stearns Government Securities, Inc., et al., Appellants, v. Dow Corning Corp., et al., Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2005.

Attorney(s) appearing for the Case

ARGUED: Abraham Singer, Pepper Hamilton, Detroit, Michigan, for Appellants. David L. Ellerbe, Neligan, Tarpley, Stricklin, Andrews & Foley, Dallas, Texas, for Appellees. ON BRIEF: Abraham Singer, Mary K. Deon, Pepper Hamilton, Detroit, Michigan, for Appellants. David L. Ellerbe, Neligan, Tarpley, Stricklin, Andrews & Foley, Dallas, Texas, for Appellees.

Before: MOORE and COLE, Circuit Judges; and WISEMAN, District Judge.

OPINION

R. GUY COLE, Circuit Judge.

Twenty-seven Texas plaintiffs seeking recovery for injuries resulting from allegedly faulty breast implants engaged in settlement negotiations with the implants' manufacturer, Dow Corning Corp., a Michigan company. After the discussions reached an impasse over terms covering the consequences in the event settlement payments were not timely, Dow Corning suggested a clause requiring payments of $100 per day to each plaintiff...

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