IN RE KAISER ALUMINUM CORP.

No. 02-10429 (JFK), No. 06-41-JJF.

343 B.R. 88 (2006)

In re: KAISER ALUMINUM CORP., et al., Debtors.

United States District Court, D. Delaware.

May 11, 2006.


Attorney(s) appearing for the Case

Carmela P. Keener, of Rosenthal, Monhalt & Goddess, P.A., Wilmington, DE, Carroll, Burdick & McDonough LLP, San Francisco, CA (Rodney L. Eshelman, Alison V. Lippa, and Raymond J. Tittmann, of counsel), Lewis S. Rosenbloom, David C. Christian, II and Mohsin N. Khambati, of McDermott Will & Emery LLP, Chicago, IL, for Appellants, Columbia Casualty Company, Transcontinental Insurance Company, Harbor Insurance Company and Continental Insurance Company.

Michael G. Gallerizzo, of Gebhardt & Smith LLP, Wilmington, DE, Steptoe & Johnson, LLP, Washington, D.C. (Harry Lee, John O'Connor, and George R. Calhoun, V, of counsel), for Appellants, TIG Insurance Company, as Successor by Mergers to International Surplus Lines Insurance Company.

Thomas G. Whalen, Jr., of Stevens & Lee, P.C., Wilmington, DE, Stevens & Lee, P.C., Philadelphia, PA (Leonard P. Goldberger, of counsel), for Appellants, Century Indemnity Company (Successor to Cigna Specialty Insurance Company, formerly known as California Union Insurance Company, and Successor to CCI Insurance Company, Successor to Insurance Company of North America, and as Administrative Agent of Former Members of AFIA, including St. Paul Mercury Insurance Company); Ace Property & Casualty Company (formerly known as Cigna Property & Casualty Company, formerly known as Aetna Insurance Company); Industrial Indemnity Company; Industrial Underwriters Insurance Company; Pacific Employers Insurance Company and Central National Insurance Company of Omaha, by and through Cravens, Dargen and Company, Managing General Agent.

Richard W. Riley, of Duane Morris LLP, Wilmington, DE, Duane Morris LLP, Los Angeles, CA (Russell W. Roten, Peter B. Ackerman, and Jeff D. Kahane, of counsel), Mitchell L. Lathrop, and Bridget K. Moorhead, of Duane Morris LLP, San Diego, CA, for Appellants, Republic Indemnity Company and Transport Insurance Company (formerly known as Transport Indemnity Company).

Joanne B. Wills, and Jennifer L. Scoliard, of Klehr, Harrison, Harvey, Branzburg & Ellers LLP, Wilmington, DE, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C. (Duane D. Morse, and James R. Wrathall, of counsel), for Appellant, First State Insurance Company; Hartford Accident and Indemnity Company; New England Reinsurance Company and Nutmeg Insurance Company.

Laurie Schenker Polleck, of Jaspan Schlesinger Hoffman LLP, Wilmington, De, Zeichner Ellman & Krause LLP, New York, Ny (Michael S. Davis, and Jantra Van Roy, of counsel) for Appellants MU Insurance Company; Granite State Insurance Company; Insurance Company of the State of Pennsylvania; Landmark Insurance Company; Lexington Insurance Company; National Union Fire Insurance Company of Pittsburgh, Pa. and New Hampshire Insurance Company.

Daniel K. Hogan, of the Hogan Firm, Wilmington, DE, Stutzman, Bromberg, Esserman & Plifka, P.C. (Sander L. Esserman, Steven A. Felsenthal, and Peter C. D'Apice, of counsel), for Future Silica Claimants' Representative.

Daniel DeFranchesci, and Kimberly Newmarch, of Richards, Layton & Finger, Wilmington, DE, Jones Day, Dallas, TX (Gregory Gordon, and Daniel Winikka, of counsel), for Reorganizing Debtors and Reorganizing Debtors-In-Possession.

William Bowden, and Gregory Taylor, of Ashby & Geddes, Wilmington, DE, Akin Gump Strauss Hauer & Feld, New York, NY (Lisa Beckerman, of counsel), Brian Kilmer, of Akin Gump Strauss Hauer & Feld, Dallas, TX, for the Official Committee of Unsecured Creditors, of counsel.

Marla Eskin, and Mark Hurford, of Campbell & Levine, Wilmington, DE, Caplin & Drysdale, New York, NY (Elihu Inselbuch, of counsel), Peter Van N. Lockwood, of Caplin & Drysdale, Washington, D.C., for Official Committee of Asbestos Claimants.

James Patton, Jr., Edwin Harron, and Sharon Zieg, of Young Conaway Stargatt & Taylor, Wilmington, DE, Counsel to Martin J. Murphy, the Legal Representative for Future Asbestos Claimants.

Laurie Polleck, of Jaspan Schlesinger Hoffman, Wilmington, DE, Orrick, Herrington & Sutcliffe, San Francisco, CA (Frederick Holden, of counsel), for the Official Committee of Retired Salaried Employees.


MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is an appeal from and a request for de novo review by Certain Insurers1 of the Bankruptcy Court's Order Confirming the Second Amended Joint Plan of Reorganization of Kaiser Aluminum Corporation, Kaiser Aluminum & Chemical Corporation and Certain of their Debtor Affiliates, as Modified (the "Confirmation...

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