In re PLANT INSULATION CO., Debtor.
Fireman's Fund Insurance Company; United States Fire Insurance Company, Plaintiffs, and
Onebeacon Insurance Company; American Home Assurance Company; Granite State Insurance Company; Insurance Company of the State of Pennsylvania; Insurance Company of the West; Safety National Casualty Corporation; Transport Indemnity Company; United States Fidelity And Guaranty Company, Plaintiffs-Appellants,
v.
Plant Insulation Company, Debtor-in-Possession-Appellee.
Official Committee of Unsecured Creditors, c/o Sheppard Mullin Richter & Hampton, LLP, Defendant-Appellee,
Futures Representative, The Honorable Charles B. Renfrew (Ret.), Real-party-in-interest-Appellee.
In re Plant Insulation Co., Debtor,
Fireman's Fund Insurance Company, Plaintiff,
American Home Assurance Company; Granite State Insurance Company; Insurance Company of the State Of Pennsylvania; Insurance Company of the West; Safety National Casualty Corporation; Transport Indemnity Company; United States Fidelity And Guaranty Company, Plaintiffs, and
United States Fire Insurance Company, Plaintiff-Appellant,
v.
Plant Insulation Company, Debtor-in-Possession-Appellee,
Official Committee of Unsecured Creditors, c/o Sheppard Mullin Richter & Hampton, LLP, Defendant-Appellee,
Futures Representative, The Honorable Charles B. Renfrew (Ret.), Real-party-in-interest-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Steven B. Sacks , Sheppard, Mullin, Richter & Hampton LLP, San Francisco, CA, argued the cause and filed a brief for the Debtor-Appellees. With him on the brief was Michael H. Ahrens , Sheppard, Mullin, Richter & Hampton LLP, San Francisco, CA, Gary S. Fergus , Fergus, A Law Office, San Francisco, CA, James L. Miller , Snyder, Miller & Orton LLP, San Francisco, CA, Peter Van N. Lockwood , Caplin & Drysdale, Chartered, Washington, DC.
Before: JOHN T. NOONAN, DIARMUID F. O'SCANNLAIN, and N. RANDY SMITH, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
O'SCANNLAIN, Circuit Judge:
We must decide whether a bankruptcy plan, which allegedly leaves a group of insurers paying more than their fair share on a large number of asbestos personal injury claims, complies with the Bankruptcy Code.
I
A
Plant Insulation Co. ("Plant") is a California corporation that was founded in 1937 and made a successful business selling Fiberboard-manufactured asbestos-based insulation through 1971...
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