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IN RE FLINTKOTE CO.

Bankruptcy No. 04-11300-JKF. Civil No. 11-00063-LPS.

471 B.R. 95 (2012)

In re The FLINTKOTE COMPANY and Flintkote Mines Limited, Debtors. Imperial Tobacco Canada Limited, Movant/Appellant, v. The Flintkote Company, Flintkote Mines Limited, The Official Committee of Asbestos Personal Injury Claimants, and James J. McMonagle, in his capacity as Future Claimants Representative, Respondents/Appellees.

United States District Court, D. Delaware.

May 21, 2012.

Attorney(s) appearing for the Case

Stephen M. Miller , Eric John Monzo , Morris James LLP, Wilmington, DE, for Appellant.

James E. O'Neill, III , Laura Davis Jones , Scotta E. McFarland , Pachulski, Stang, Ziehl & Jones, LLP, Wilmington, DE, Mark Thomas Hurford , Campbell & Levine, Wilmington, DE, Edwin J. Harron , James L. Patton, Jr. , Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE for Debtors, Respondents-Appellees.

MEMORANDUM ORDER

STARK, District Judge.

At Wilmington this 21st day of May, 2012, this matter coming before the Court upon (i) the appeal ("Appeal") (D.I. 1) of Imperial Tobacco Canada Limited ("ITCAN") from a portion of the October 25, 2010 "Order Granting in Part and Denying in Part Imperial Tobacco Canada Limited's Amended Motion for Leave to File Out-of-Time Proof of Claim" (the "Order") (Bankr.Case...

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