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IN RE CELOTEX CORP.

No. 05-12941.

487 F.3d 1320 (2007)

In re: CELOTEX CORPORATION, Carey Canada Inc., Debtors. Asbestos Settlement Trust, Plaintiff-Appellant, v. City of New York, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 29, 2007.

Attorney(s) appearing for the Case

Jeffrey W. Warren, Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, FL, for Appellant.

Alan H. Kleinman, New York City Law Dept., New York City, for Appellee.

John W. Kozyak, Kozyak, Tropin & Throckmorton, P.A., Coral Gables, FL, Elihu Inselbuch, Caplin & Drysdale, Chartered, New York City, Marilyn A. Kueper, Ill. Atty. Gen. Office, Springfield, IL, Albert G. Lauber, Caplin & Drysdale, Chartered, Washington, DC, for Amici Curiae.

Before BIRCH, CARNES and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

The Asbestos Settlement Trust was uniquely created to resolve and liquidate thousands of personal injury and property damage claims against The Celotex Corporation and Carey Canada. This appeal involves one subset of those claims: asbestos property damage claims by the City of New York that the claims administrator allowed but the trustees refused to pay. The City of New York and the trustees dispute the scope of the trustees' power to overrule...

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