Nos. 08-3697, 08-3720.

591 F.3d 164 (2009)

In re W.R. GRACE & CO, et al., Debtor. W.R. Grace & Co., et. al., v. Margaret Chakarian; John Does 1-1000; Home Saving Termite Control; Abner Defendants; Carol Gerard; Keri Evans, State of Montana, Appellant in 08-3697. W.R. Grace & Co., Appellant in 08-3720.

United States Court of Appeals, Third Circuit.

Filed: December 31, 2009.

Attorney(s) appearing for the Case

Janet S. Baer, Kirkland & Ellis, Chicago, IL, David M. Bernick, Kirkland & Ellis, New York, NY, Laura D. Jones, James E. O'Neill, III, Pachulski Stang Ziehl & Jones, Wilmington, DE, Christopher Landau [Argued], Gregory L. Skidmore, Elizabeth M. Locke, Kirkland & Ellis, Washington, DC, for WR Grace & Co.

Kevin J. Mangan, Francis A. Monaco, Jr. [Argued], Womble, Carlyle, Sandridge & Rice, Wilmington, DE, for State of Montana.

Daniel C. Cohen [Argued], Christopher M. Candon, Cohen, Whitesell & Goldberg, Boston, MA, Adam G. Landis, Kerri K. Mumford, Landis, Rath & Cobb, Wilmington, DE, for Libby Claimants.

Before: BARRY, FISHER and JORDAN, Circuit Judges.


JORDAN, Circuit Judge.

W.R. Grace & Co. ("Grace") and the State of Montana appeal an order from the United States District Court for the District of Delaware affirming an order from the District's Bankruptcy Court denying Grace's motion to expand a preliminary injunction. The proposed expansion would have enjoined claims against the State of Montana arising from Grace's mining operations near Libby, Montana. Both the District Court...

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