IN RE CELOTEX CORP.

No. 09-12000.

613 F.3d 1318 (2010)

In Re: The CELOTEX CORPORATION, The Asbestos Settlement Trust, Debtors. Claremont McKenna College, et al., Plaintiffs-Appellants, v. Asbestos Settlement Trust, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 11, 2010.


Attorney(s) appearing for the Case

Catherine H. McElveen, Edward James Westbrook, Richardson, Patrick, Westbrook & Brickman, LLC, Mt. Pleasant, SC, for Plaintiffs-Appellants.

Jeffrey W. Warren, Bush, Ross, P.A., Karen Cox, Bush, Ross, Gardner, Warren & Rudy, Tampa, FL, Melanie K. Sharp, Erika R. Caesar, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE, for Defendants-Appellees.

Before EDMONDSON and CARNES, Circuit Judges, and GOLDBERG, Judge.


GOLDBERG, Judge:

The Appellants are six colleges1 ("the Colleges") who brought asbestos-related property damage claims against the Asbestos Settlement Trust ("the Trust"). The Trust originally disputed the Colleges' request for payment on certain claims and commenced adversary proceedings in bankruptcy court. Eventually, the Trust made payments to the Colleges and moved to dismiss the proceedings. The Colleges opposed dismissal, arguing...

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