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IN RE FORTY-EIGHT INSULATIONS, INC.

Bankruptcy No. 85 B 05061, Adversary No. 96 A 01091.

212 B.R. 938 (1997)

In re FORTY-EIGHT INSULATIONS, INC., Debtor. Jackson C. SMITH, an Illinois citizen and resident, Plaintiff, v. Thomas J. ALLISON, Trustee, Forty-Eight Insulations Qualified Settlement Trust, a resident transacting business in Illinois, Defendant.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

September 23, 1997.

Attorney(s) appearing for the Case

Leonard C. Jacques and Alan Kellman, of the Maritime Asbestos Legal Clinic, Detroit, MI, and local counsel, D.J. Sartorio and Eric Emerson, of Tressler, Soderstrom, Maloney & Priess, Chicago, IL, for Plaintiff.

Terry J. Malik, Brant C. Weidner, and Dirk W. Andringa of Winston & Strawn, Chicago, IL, for Defendant.

MEMORANDUM OPINION

RONALD BARLIANT, Bankruptcy Judge.

The Maritime Asbestos Claimants ("Plaintiffs") filed a class action against the trustee of the Forty-Eight Insulations Qualified Settlement Trust ("Trustee") in the Circuit Court of Cook County. The Trust was created by the plan of reorganization confirmed in this chapter 11 case. The Plaintiffs brought the action for the sole purpose of establishing that the "Defendant [apparently meaning the...

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