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IN RE PITTSBURGH CORNING CORP.

No. 00-22876 (JKF).

417 B.R. 289 (2006)

In re PITTSBURGH CORNING CORPORATION, Debtor.

United States Bankruptcy Court, W.D. Pennsylvania.

December 21, 2006.

Attorney(s) appearing for the Case

Related to Dkt. No. 2700, Second Amended Disclosure Statement to Accompany the Second Amended Plan of Reorganization Dated November 20, 2003, Jointly Proposed by Pittsburgh Corning Corporation, the Official Committee of Asbestos Creditors and the Future Claimants' Representative,1

Dkt. No. 3186, Second Amended Plan of Reorganization Dated November 20, 2003, and

Dkt. No. 4108, Order regarding briefs addressing the impact, if any, of In re Combustion Engineering, 391 F.3d 190 (3d Cir.2004), on the proposed plan of reorganization

Dkt. No. 3033, Motion in Limine (No. Two) Re Plan Finding on Purported "Validity and Enforceability" of Corning's Proposed Assignment of Corning Plan Insurance Policy Rights filed on behalf of Lumbermens Mutual Casualty Company

Reed Smith Shaw & McClay, Andrew J. Muha, David Ziegler, Douglas E. Cameron, Paul M. Singer, Reed Smith LLP, Joel M. Helmrich, Dinsmore & Shohl LLP, Pittsburgh, PA, Saul Ewing LLP c/o Jeffery C. Hampton, Philadelphia, PA, for Debtor.

MEMORANDUM OPINION2

JUDITH K. FITZGERALD, Bankruptcy Judge.

Introduction

The matter before the court is the confirmation of the Second Amended Plan of Debtor Pittsburgh Corning Corporation (hereafter "PCC" or "the Debtor"). We find that the plan is unconfirmable as over-inclusive under the Court of Appeals' decision in In re Combustion Engineering, 391 F.3d 190...

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