IN RE JOINT E. & S. DISTS. ASBESTOS LITIGATION

Bankruptcy Nos. 82 B 11656(BRL) through 82 B 11676, No. CV 90-3973.

830 F.Supp. 686 (1993)

In re JOINT EASTERN AND SOUTHERN DISTRICTS ASBESTOS LITIGATION. United States Bankruptcy Court, Southern District of New York. In re JOHNS-MANVILLE CORPORATION, et al., Debtors. Bernadine K. FINDLEY, as Executrix of the Estate of Hilliard Findley, et al., Plaintiffs, v. Donald M. BLINKEN, et al., Defendants. United States District Court, Eastern District of New York and Southern District of New York.

United States District Court, E. & S.D. New York, United States Bankruptcy Court, S.D. New York.

August 12, 1993.


Attorney(s) appearing for the Case

Caplin & Drysdale, New York City by Elihu Inselbuch, Cartwright, Slobodin, Bokelman, Borowsky, Wartnick, Moore & Harris, San Francisco, CA by Harry F. Wartnick, Baron & Budd, Dallas, TX by Frederick M. Baron, for a subclass.

Hopkins & Sutter, Washington, DC by Murray Drabkin, Walter Umphrey, Alan Nisselson, for Cimino plaintiffs.

Gertler, Gertler & Vincent, New Orleans, LA by M.H. Gertler, for New Orleans plaintiffs.

Cooney & Conway, Chicago, IL by Kevin J. Conway, Kathy Byrne, for Estate of Hugh Wilson.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City by Leslie Gordon Fagen, for future claimants.

Gillenwater, Nichol & Ames, Knoxville, TN by Paul T. Gillenwater, for Tennessee plaintiffs.

Patten, Wornom & Watkins, Newport News, VA by Robert R. Hatten, Glasser & Glasser, Norfolk, VA by Richard S. Glasser, Schoeman, Marsh & Updike, New York City by Michael E. Schoeman, for Virginia judgment creditors.

Davis, Polk & Wardwell, New York City by Lowell Gordon Harriss, for Manville Corp.

John H. Faricy, Jr., Minneapolis, MN, for MacArthur Co.

Debevoise & Plimpton, New York City by Anne E. Cohen, for Owens-Corning Fiberglass Co.

Steele & Sales, Seattle, WA by Katherine M. Steele, for E.J. Bartells Co.

Shea & Gardner, Washington, DC by Frederick C. Schafrick, for Center for Claims Resolution.

Hal Pitkow, Washington, DC, for Edward Venables, et al. as objecting parties.

David Austern, Gen. Counsel, Manville Personal Injury Settlement Trust, Washington, DC, for Manville Personal Injury Settlement Trust.

Donovan, Leisure, Newton & Irvine, New York City by James L. Stengel.

Peter G. Angelos by Timothy J. Hogan.

Levy, Phillips & Konigsberg by Stanley J. Levy.

Rose, Klein & Marias by Robert B. Steinberg.

Connerton, Ray & Simon by Shepard A. Hoffman.

Edward O. Moody.

Sterl F. Shinaberry.

Michael B. Serling.

Steven H. Wodka.

Brayton, Gisvold & Harley by Alan R. Brayton.

Paul, Reich & Myers by Robert Paul.

Joseph Rice.

Thomas W. Henderson.

McCarter & English by Andrew T. Berry.

Bill Ravanesi.

White Lung Ass'n by James Fite, Myles O'Malley, Paul L. Safchuck.


MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge, and BURTON R. LIFLAND, Chief Bankruptcy Judge.

The Manville Personal Injury Settlement Trust (the Trust), created to distribute funds to those injured by the asbestos-containing products of the former Johns-Manville corporation, is a limited fund. By any reasonable calculation, its former, current and projected assets will be far exceeded by the full value of past, present and future asbestos claims...

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