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Filed: 11/13/2006, Entered: 11/13/2006 |
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PORTION OF DESIGNATED RECORD on Appeal is available electronically from the docket sheets on file in the Bankruptcy Court for any items after DI# 749 in case number BK 01-1139, for any items after DI# 58 in Adv. 01-771, and for all items on file in Adv. 02-2210. Counsel shall provide paper copied of certain items if requested by the Court. (ead)
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 1 |
Filed: 11/13/2006, Entered: 11/13/2006, Terminated: 8/17/2007 |
Bankruptcy Appeal |
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Notice of APPEAL FROM BANKRUPTCY COURT appealing the Order entered on 9/11/2006 by Judge Judith K. Fitzgerald in Bankruptcy case number 01-1139. Fee Status Paid.- filed by Official Committee of Asbestos Property Damage Claimants, David T. Austern, Official Committe of Asbestos Personal Injury Claimants. (Attachments: # (1) BK Order Being Appealed# (2) Bankruptcy Court Transmittal)(ead)
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| 2 |
Filed: 11/13/2006, Entered: 11/13/2006, Terminated: 8/17/2007 |
Bankruptcy Appeal |
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AMENDED NOTICE OF APPEAL - filed by Official Committee of Asbestos Property Damage Claimants, David T. Austern, Official Committe of Asbestos Personal Injury Claimants.(ead)
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| 3 |
Filed: 11/13/2006, Entered: 11/13/2006 |
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DESIGNATION OF RECORD AND STATEMENT OF ISSUES on Appeal filed by Official Committee of Asbestos Property Damage Claimants, David T. Austern and Official Committe of Asbestos Personal Injury Claimants (ead)
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| 4 |
Filed: 11/13/2006, Entered: 11/13/2006 |
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DESIGNATION OF RECORD AND STATEMENT OF ISSUES on Appeal filed by W.R. Grace & Co. (ead)
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 5 |
Filed: 11/13/2006, Entered: 11/13/2006 |
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PORTION OF DESIGNATED RECORD on Appeal attached hereto for designated exhibits 1-47 which were not filed electronically in the Bankruptcy Court. Counsel shall provide paper copies of certain items if requested by the Court. Filed by Official Committee of Asbestos Property Damage Claimants, David T. Austern, Official Committe of Asbestos Personal Injury Claimants. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6# (7) Exhibit 7# (8) Exhibit 8# (9) Exhibit 9# (10) Exhibit 10# (11) Exhibit 11# (12) Exhibit 12# (13) Exhibit 13# (14) Exhibit 14# (15) Exhibit 15# (16) Exhibit 16# (17) Exhibit 17# (18) Exhibit 18 Part 1 of 2# (19) Exhibit 18 Part 2 of 2# (20) Exhibit 19# (21) Exhibit 20# (22) Exhibit 21# (23) Exhibit 22# (24) Exhibit 23# (25) Exhibit 24# (26) Exhibit 25# (27) Exhibit 26# (28) Exhibit 27# (29) Exhibit 28# (30) Exhibit 29# (31) Exhibit 30# (32) Exhibit 31# (33) Exhibit 32# (34) Exhibit 33# (35) Exhibit 34# (36) Exhibit 35# (37) Exhibit 36# (38) Exhibit 37# (39) Exhibit 38# (40) Exhibit 39# (41) Exhibit 40# (42) Exhibit 41# (43) Exhibit 42 Part 1 of 3# (44) Exhibit 42 Part 2 of 3# (45) Exhibit 42 Part 3 of 3# (46) Exhibit 43# (47) Exhibit 44# (48) Exhibit 45# (49) Exhibit 46# (50) Exhibit 47) (ead)
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| 6 |
Filed: 11/13/2006, Entered: 11/13/2006 |
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PORTION OF DESIGNATED RECORD on Appeal attached hereto for exhibit 57 which was not filed electronically in the Bankruptcy Court. Counsel shall provide paper copies of certain items if requested by the Court. Appeal filed by Official Committee of Asbestos Property Damage Claimants, David T. Austern and Official Committe of Asbestos Personal Injury Claimants. (Attachments: # (1) Exhibit 57) (ead)
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| 7 |
Filed: 11/13/2006, Entered: 11/13/2006 |
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PORTION OF DESIGNATED RECORD on Appeal attached hereto for designated exhibits 3318-3348 which were not filed electronically in the Bankruptcy Court. Counsel shall provide paper copies of certain items if requested by the Court. Filed by Official Committee of Asbestos Property Damage Claimants, David T. Austern and Official Committe of Asbestos Personal Injury Claimants. (Attachments: # (1) Exhibit 3318# (2) Exhibit 3319# (3) Exhibit 3320 Part 1 of 2# (4) Exhibit 3320 Part 2 of 2# (5) Exhibit 3321# (6) Exhibit 3322# (7) Exhibit 3323# (8) Exhibit 3324# (9) Exhibit 3325# (10) Exhibit 3326# (11) Exhibit 3327# (12) Exhibit 3328# (13) Exhibit 3329# (14) Exhibit 3330 Part 1 of 4# (15) Exhibit 3330 Part 2 of 4# (16) Exhibit 3330 Part 3 of 4# (17) Exhibit 3330 Part 4 of 4# (18) Exhibit 3331# (19) Exhibit 3332# (20) Exhibit 3333# (21) Exhibit 3334# (22) Exhibit 3335# (23) Exhibit 3336# (24) Exhibit 3337# (25) Exhibit 3338# (26) Exhibit 3339# (27) Exhibit 3340# (28) Exhibit 3341# (29) Exhibit 3342 Part 1 of 9# (30) Exhibit 3343# (31) Exhibit 3344# (32) Exhibit 3345# (33) Exhibit 3346 Part 1 of 2# (34) Exhibit 3346 Part 2 of 2# (35) Exhibit 3347# (36) Exhibit 3348) (ead)
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| 8 |
Filed: 11/13/2006, Entered: 11/13/2006 |
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DESIGNATED RECORD on Appeal submitted on CD Rom, Exhibits 1-3373. (CD Rom version of DI 5, 6, 7 and items electronically filed in Bankruptcy Court) CD's on file in the District Court Clerk's Office. Filed by Official Committee of Asbestos Property Damage Claimants, David T. Austern and Official Committe of Asbestos Personal Injury Claimants. (ead)
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| 9 |
Filed: 11/13/2006, Entered: 11/13/2006 |
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NOTICE of Docketing Bankruptcy Appeal. Appellant Brief due by 12/1/2006. (ead)
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| 10 |
Filed: 12/1/2006, Entered: 12/1/2006, Terminated: 1/17/2007 |
Motion for Leave to Appear Pro Hac Vice |
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MOTION for Pro Hac Vice Appearance of Attorney Roger Frankel of Orrick Herrington & Sutcliffe, LLP - filed by David T. Austern. (Attachments: # (1) Certificate of Service with List)(Phillips, John)
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| 11 |
Filed: 12/1/2006, Entered: 12/1/2006, Terminated: 1/17/2007 |
Motion for Leave to Appear Pro Hac Vice |
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MOTION for Pro Hac Vice Appearance of Attorney Jonathan P. Guy of Orrick Herrington & Sutcliffe, LLP - filed by David T. Austern. (Attachments: # (1) Certificate of Service with List)(Phillips, John) Additional attachment(s) added on 12/5/2006 (bkb, ).
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| 12 |
Filed: 12/1/2006, Entered: 12/1/2006, Terminated: 1/17/2007 |
Motion for Leave to Appear Pro Hac Vice |
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MOTION for Pro Hac Vice Appearance of Attorney Richard H. Wyron of Orrick Herrington & Sutcliffe, LLP - filed by David T. Austern. (Attachments: # (1) Certificate of Service with List)(Phillips, John)
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| 13 |
Filed: 12/1/2006, Entered: 12/1/2006 |
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OPENING BRIEF in Support of Appeal filed by David T. Austern.Answering Brief/Response due date per Local Rules is 12/18/2006. (Attachments: # (1) Record Excerpts in Support of Brief of Appellants# (2) Exhibit 1# (3) Exhibit 2# (4) Exhibit 3# (5) Exhibit 4# (6) Exhibit 5# (7) Exhibit 6# (8) Certificate of Service)(Phillips, John)
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| 14 |
Filed: 12/1/2006, Entered: 12/1/2006, Terminated: 1/23/2007 |
Motion to Expedite |
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MOTION to Expedite Appeal - filed by David T. Austern. (Attachments: # (1) Proposed Form of Order# (2) Certificate of Service)(Phillips, John)
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Filed: 12/5/2006, Entered: 12/5/2006 |
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Remark: Original PDF documents (PHV motion and certificate of service) deleted and substituted with duplicates to correct problem with document size. (bkb)
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| 15 |
Filed: 12/6/2006, Entered: 12/6/2006 |
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RESPONSE to Motion re [14] MOTION to Expedite Appeal (Review of Appeal) filed by W.R. Grace & Co.. (Attachments: # (1) Certificate of Service and Service List)(O'Neill, James)
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Filed: 12/8/2006, Entered: 12/14/2006 |
Designated Record on Appeal - Reference |
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DESIGNATED RECORD on Appeal submitted on CD Rom, DI #150, 595, 222, 262, 263, 659 and 798. CD on file in the District Court Clerk's Office. Filed by W.R. Grace & Co. (ead)
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| 16 |
Filed: 12/8/2006, Entered: 12/8/2006 |
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DECLARATION re [14] MOTION to Expedite Appeal by David T. Austern. (Attachments: # (1) Certificate of Service with List)(Phillips, John)
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| 18 |
Filed: 12/8/2006, Entered: 12/14/2006 |
Designated Record on Appeal |
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PORTION OF COUNTER-DESIGNATED RECORD on Appeal attached hereto for items which were not filed electronically in the Bankruptcy Court. Counsel shall provide paper copies of certain items if requested by the Court. Filed by W.R. Grace & Co. (Attachments: # (1) DI #150 Part 1 of 8# (2) DI #150 Part 2 of 8# (3) DI #150 Part 3 of 8# (4) DI #150 Part 4 of 8# (5) DI #150 Part 5 of 8# (6) DI #150 Part 6 of 8# (7) DI #150 Part 7 of 8# (8) DI #150 Part 8 of 8# (9) DI #595 Part 1 of 2# (10) DI #595 Part 2 of 2# (11) DI #222# (12) DI #262# (13) DI #263# (14) DI #659# (15) DI #798) (ead)
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Filed: 12/13/2006, Entered: 12/13/2006 |
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Set/Reset Deadlines: Notice of Compliance deadline set for 1/16/2007 for appellee's surreply deadline. (bkb)
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| 17 |
Filed: 12/13/2006, Entered: 12/13/2006 |
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ORDER setting briefing schedule and Hearing; Appellee's Brief due by 12/28/2006; Appellant's Reply Brief due by 1/10/2007; Appellee's surreply brief due 1/16/07; Argument on Bankruptcy Appeal set for 1/22/2007 04:00 PM before Honorable Ronald L. Buckwalter in Courtroom 14A, USDC for Eastern District of Pennsylvania at Philadelphia, PA.. Signed by Judge Ronald L. Buckwalter on 12/13/06. (bkb)
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| 19 |
Filed: 12/28/2006, Entered: 12/28/2006, Terminated: 8/17/2007 |
Appellee's Brief |
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Appellee's BRIEF by W.R. Grace & Co..Appellant Reply Brief due by 1/16/2007. (O'Neill, James)
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| 20 |
Filed: 12/28/2006, Entered: 12/28/2006 |
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APPENDIX re [19] Appellee's Brief by W.R. Grace & Co.. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6# (7) Exhibit 7 - part 1# (8) Exhibit 7 - part 2# (9) Exhibit 8# (10) Exhibit 9# (11) Exhibit 10# (12) Exhibit 11# (13) Exhibit 12# (14) Exhibit 13)(O'Neill, James)
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| 21 |
Filed: 1/6/2007, Entered: 1/6/2007 |
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CERTIFICATE OF SERVICE of Brief of Appellees [service for email service list] by W.R. Grace & Co. re [19] Appellee's Brief (O'Neill, James)
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| 22 |
Filed: 1/6/2007, Entered: 1/6/2007 |
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CERTIFICATE OF SERVICE of Appendix to Brief of Appellees [service for email service list] by W.R. Grace & Co. re [20] Appendix, (O'Neill, James)
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| 23 |
Filed: 1/9/2007, Entered: 1/9/2007 |
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CERTIFICATE OF SERVICE of Brief of Appellees [hand delivery and first class mail service] by W.R. Grace & Co. re [19] Appellee's Brief (O'Neill, James)
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| 24 |
Filed: 1/9/2007, Entered: 1/9/2007 |
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CERTIFICATE OF SERVICE of Appendix to Brief of Appellees [hand delivery and first class mail service] by W.R. Grace & Co. re [20] Appendix, (O'Neill, James)
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| 25 |
Filed: 1/11/2007, Entered: 1/11/2007 |
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REPLY BRIEF Letter to Judge Buckwalter stating that no Reply Brief will filed. filed by Official Committee of Asbestos Property Damage Claimants, David T. Austern, Official Committe of Asbestos Personal Injury Claimants. (Phillips, John)
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| 26 |
Filed: 1/11/2007, Entered: 1/11/2007 |
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AFFIDAVIT of Debra L. Felder Certificate of Service of Letter to Judge Buckwalter filed by Official Committee of Asbestos Property Damage Claimants, David T. Austern, Official Committe of Asbestos Personal Injury Claimants. (Phillips, John)
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| 27 |
Filed: 1/12/2007, Entered: 1/12/2007, Terminated: 1/16/2007 |
Motion for Leave to Appear Pro Hac Vice |
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MOTION for Pro Hac Vice Appearance of Attorney Elihu Inselbuch - filed by Official Committe of Asbestos Personal Injury Claimants. (Hurford, Mark)
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| 28 |
Filed: 1/16/2007, Entered: 1/16/2007 |
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ORDER granting [27] Motion for Leave to Appear pro hac vice. Signed by Judge Ronald L. Buckwalter on 1/16/07. (bkb)
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| 29 |
Filed: 1/17/2007, Entered: 1/17/2007 |
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ORDER granting [10] Motion for Leave to Appear Pro Hac Vice. Signed by Judge Ronald L. Buckwalter on 12/12/2006 and also filed in BK 01-1139 (maw)
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| 30 |
Filed: 1/17/2007, Entered: 1/17/2007 |
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ORDER granting [11] Motion for Leave to Appear Pro Hac Vice. Signed by Judge Ronald L. Buckwalter on 12/12/2006 and also filed in BK 01-1139. (maw)
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| 31 |
Filed: 1/17/2007, Entered: 1/17/2007 |
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ORDER granting [12] Motion for Leave to Appear Pro Hac Vice. Signed by Judge Ronald L. Buckwalter on 12/12/2006 and also filed in BK 01-1139. (maw)
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| 32 |
Filed: 1/19/2007, Entered: 1/19/2007, Terminated: 1/22/2007 |
Motion for Leave to Appear Pro Hac Vice |
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MOTION for Pro Hac Vice Appearance of Attorney David M. Bernick - filed by W.R. Grace & Co.. (Attachments: # (1) Certification# (2) Certificate of Service & Service List)(O'Neill, James)
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Filed: 1/22/2007, Entered: 2/2/2007 |
Argument on Bankruptcy Appeal |
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Minute Entry for proceedings held before Judge Ronald L. Buckwalter (at Philadelphia, PA) : Argument on Bankruptcy Appeal held on 1/22/2007. (Court Reporter Transcribers Limited of Sewell, NJ (856) 589-6100.) (bkb)
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| 33 |
Filed: 1/22/2007, Entered: 1/22/2007 |
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ORDER granting [32] Motion for Leave to Appear pro hac vice. Signed by Judge Ronald L. Buckwalter on 1/22/07. (bkb)
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Filed: 1/23/2007, Entered: 1/24/2007 |
Terminated Case |
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CASE CLOSED (bkb)
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| 34 |
Filed: 1/23/2007, Entered: 1/24/2007 |
Memorandum and Order |
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MEMORANDUM AND ORDER AFFIRMING BANKRUPTCY COURT ORDER OF OCTOBER 3,2006 re [2] Bankruptcy Appeal filed by David T. Austern, Official Committee of Asbestos Property Damage Claimants, Official Committe of Asbestos Personal Injury Claimants, [1] Bankruptcy Appeal, filed by David T. Austern, Official Committee of Asbestos Property Damage Claimants, Official Committe of Asbestos Personal Injury Claimants. Signed by Judge Ronald L. Buckwalter on 1/23/07. (bkb)
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| 35 |
Filed: 2/1/2007, Entered: 2/1/2007, Terminated: 8/17/2007 |
Notice of Appeal (Third Circuit) |
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NOTICE OF APPEAL of [34] Memorandum and Order, entered on January 24, 2007. Appeal filed by Official Committe of Asbestos Personal Injury Claimants. (Attachments: # (1) Certificate of Service)(Hurford, Mark)
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| 36 |
Filed: 2/1/2007, Entered: 2/2/2007 |
Transcript |
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TRANSCRIPT of Argument on Bankruptcy Appeal held on 1/22/06 (at Philadelphia, PA) before Judge Buckwalter. Court Reporter: Transcribers Limited [(856)-589-6100]. (Transcript on file in Clerk's Office) (bkb)
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Filed: 2/2/2007, Entered: 2/2/2007, Terminated: 8/17/2007 |
USCA Appeal Fees |
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USCA Appeal Fees received: $ 455, receipt number 146293 re [35] Notice of Appeal (Third Circuit) filed by Official Committe of Asbestos Personal Injury Claimants. (3cc TPO issued) (eew)
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Filed: 2/2/2007, Entered: 2/2/2007, Terminated: 8/17/2007 |
USCA Appeal Fees |
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USCA Appeal Fees received: $ 455, receipt number 146316 re [37] Notice of Appeal (Third Circuit) filed by Official Committee of Asbestos Property Damage Claimants. (3CC TPO issued) (eew)
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| 37 |
Filed: 2/2/2007, Entered: 2/2/2007, Terminated: 8/17/2007 |
Notice of Appeal (Third Circuit) |
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NOTICE OF APPEAL of [34] Memorandum and Order,. Appeal filed by Official Committee of Asbestos Property Damage Claimants. (Attachments: # (1) Certificate of Service w/service list)(Tacconelli, Theodore)
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| 38 |
Filed: 2/12/2007, Entered: 2/12/2007, Terminated: 8/17/2007 |
Appeal Transcript Request |
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TRANSCRIPT REQUEST by Official Committee of Asbestos Property Damage Claimants TRANSCRIPT NOT NEEDED re [37] Notice of Appeal (Third Circuit) (Tacconelli, Theodore)
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| 39 |
Filed: 2/12/2007, Entered: 2/12/2007, Terminated: 8/17/2007 |
Appeal Transcript Request |
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TRANSCRIPT REQUEST by Official Committe of Asbestos Personal Injury Claimants TRANSCRIPT NOT NEEDED re [35] Notice of Appeal (Third Circuit) (Attachments: # (1) Certificate of Service & Service List)(Hurford, Mark)
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| 40 |
Filed: 2/14/2007, Entered: 2/14/2007, Terminated: 8/17/2007 |
USCA Notice of Docketing ROA |
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NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re [35] Notice of Appeal (Third Circuit) filed by Official Committe of Asbestos Personal Injury Claimants. USCA Case Number 07-1344. USCA Case Manager: LaToya W. Corprew (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (lc, )
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| 41 |
Filed: 2/14/2007, Entered: 2/14/2007, Terminated: 8/17/2007 |
USCA Notice of Docketing ROA |
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NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re [37] Notice of Appeal (Third Circuit) filed by Official Committee of Asbestos Property Damage Claimants. USCA Case Number 07-1378. USCA Case Manager: LaToya W. Corprew (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (lc, )
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| 42 |
Filed: 8/17/2007, Entered: 8/17/2007 |
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USCA Order Terminating Appeal as to [37] Notice of Appeal (Third Circuit) filed by Official Committee of Asbestos Property Damage Claimants, [35] Notice of Appeal (Third Circuit) filed by Official Committe of Asbestos Personal Injury Claimants. USCA Decision: Appeal Dismissed. (sw )
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