IN RE EAGLE-PICHER INDUSTRIES, INC.

No. 04-3747.

447 F.3d 461 (2006)

In re: EAGLE-PICHER INDUSTRIES, INC., Debtor. Caradon Doors and Windows, Inc., Respondent-Appellee, v. Eagle-Picher Industries, Inc., Movant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 5, 2006.


Attorney(s) appearing for the Case

ARGUED: Debra A. Dandeneau, Weil, Gotshal & Manges, New York, New York, for Appellant. Audrey S. Trundle, Gibson, Dunn & Crutcher, New York, New York, for Appellee. ON BRIEF: Debra A. Dandeneau, Weil, Gotshal & Manges, New York, New York, Iris S. Rogatinsky, Weil, Gotshal & Manges, Miami, Florida, Matthew J. Calvert, Hunton & Williams, Atlanta, Georgia, for Appellant. Audrey S. Trundle, Gibson, Dunn & Crutcher, New York, New York, Christopher H. Buckley, Jr., Gibson, Dunn & Crutcher, Washington, D.C., Henry E. Menninger, Jr., Wood & Lamping, Cincinnati, Ohio, John L. Taylor, Jr., Celeste McCollough, Chorey Taylor & Feil, Atlanta, Georgia, for Appellee.

Before: SILER, SUTTON, and COOK, Circuit Judges.


SUTTON, Circuit Judge.

Eagle-Picher Industries emerged from Chapter 11 bankruptcy in November 1996, and in this case seeks to stay a $20 million patent-infringement action filed by Caradon Doors and Windows against it in May 1997. After considerable collateral skirmishing, the merits of the stay motion focused on the following disagreement. Eagle-Picher contends that the patent-infringement claim cannot proceed because the confirmation of the 1996 reorganization plan...

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