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IN RE JOHNS-MANVILLE CORP.

Docket Nos. 06-2320-bk (xap), 06-3317-bk (con).

476 F.3d 118 (2007)

In re JOHNS-MANVILLE CORPORATION, Debtor. The Asbestos Personal Injury Plaintiffs, Movants-Appellees-Cross-Appellees, v. Travelers Indemnity Company, et al., Appellants-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided: January 17, 2007.

Attorney(s) appearing for the Case

Douglas T. Tabachnik, Manalapan, N.J.; Sander L. Esserman, Cliff I. Taylor, Stutzman, Bromberg, Esserman & Plifka, Dallas, Tex., submitted a brief on behalf of The Asbestos Personal Injury Plaintiffs.

Barry R. Ostrager, Andrew T. Frankel, Robert J. Pfister, Simpson Thacher & Bartlett LLP, New York, N.Y., submitted a brief on behalf of The Travelers Indemnity Company, Travelers Casualty and Surety Company, and Travelers Property Casualty Corporation.

Before NEWMAN, CABRANES, and SACK, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

The pending motion to dismiss a cross-appeal in No. 06-2320-bk, filed one day beyond the applicable time limit set by Rule 4(a)(3) of the Federal Rules of Appellate Procedure, requires consideration of the import of the Supreme Court's recent decision in Eberhart v. United States, 546 U.S. 12, 126 S.Ct. 403, 163 L.Ed.2d 14 (2005). The cross-appeal is taken by Appellees-Cross-Appellants Travelers...

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