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IN RE CELOTEX CORPORATION

No. 8:11-cv-2223-JSM.

IN RE: THE CELOTEX CORPORATION IN RE: CAREY CANADA, INC. THE PROPERTY DAMAGE ADVISORY COMMITTEE, Appellant, v. THE CELOTEX ASBESTOS SETTLEMENT TRUST, Appellee.

United States District Court, M.D. Florida, Tampa Division.

February 3, 2012.

Attorney(s) appearing for the Case

The Property Damage Advisory Committee, Appellant, represented by Charles Withers Throckmorton , Kozyak, Tropin & Throckmorton, P.A..

The Property Damage Advisory Committee, Appellant, represented by David L. Rosendorf , Kozyak, Tropin & Throckmorton, PA.

The Celotex Asbestos Settlement Trust, Appellee, represented by Jeffrey Wayne Warren , Bush Ross, PA.

The Celotex Asbestos Settlement Trust, Appellee, represented by Kevin E. Irwin , Keating, Muething & Klekamp.

ORDER

JAMES S. MOODY, Jr., District Judge.

THIS CAUSE comes before the Court on appeal from the Bankruptcy Court's March 24, 2011 Order on Property Damage Advisory Committee's Motion to Compel Payment of Counsel's Fees and July 8, 2011 Order on Property Damage Advisory Committee's Motion for Reconsideration of Order on Property Damage Advisory Committee's Motion to Compel Payment of Counsel's Fees. The Court has considered the Appellant's brief (Dkt. #13), the Appellee's response (Dkt. #19), and Appellant's reply (Dkt. #23).

The Court has jurisdiction over this appeal pursuant to 28 U.S.C. § 158(a)(1). Since the appeal involves only questions concerning the legal conclusions of the Bankruptcy Court in interpreting the plan documents, appellate review by this Court is de novo. In Re: Celotex Corp., 487 F.3d 1320 (11th Cir. 2007).

The Court concludes that the Orders of the Bankruptcy Court are thorough and well reasoned, and are adopted by this Court.

It is therefore ORDERED AND ADJUDGED that:

1. The Orders of the Bankruptcy Court are hereby AFFIRMED. 2. The Clerk is directed to terminate any pending motions and close this file.

DONE and ORDERED.

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