IN RE FLINTKOTE COMPANY

Case No. 04-11300-JKF, Civ. No. 11-00063-LPS.

IN RE THE FLINTKOTE COMPANY and FLINTKOTE MINES LIMITED, Chapter 11, 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

Flintkote Company, Debtor, represented by James E. O'Neill, III , Pachulski, Stang, Ziehl & Jones, LLP, Laura Davis Jones , Pachulski, Stang, Ziehl & Jones, LLP & Scotta E. McFarland , Pachulski, Stang, Ziehl & Jones, LLP.

Flintkote Mines, LTD, Debtor, represented by James E. O'Neill, III , Pachulski, Stang, Ziehl & Jones, LLP, Laura Davis Jones , Pachulski, Stang, Ziehl & Jones, LLP & Scotta E. McFarland , Pachulski, Stang, Ziehl & Jones, LLP.

Imperial Tobacco Canada Limited, Appellant, represented by Stephen M. Miller , Morris James LLP & Eric John Monzo , Morris James LLP.

Flintkote Company, Appellee, represented by James E. O'Neill, III , Pachulski, Stang, Ziehl & Jones, LLP, Laura Davis Jones , Pachulski, Stang, Ziehl & Jones, LLP & Scotta E. McFarland , Pachulski, Stang, Ziehl & Jones, LLP.

Flintkote Mines, LTD, Appellee, represented by James E. O'Neill, III , Pachulski, Stang, Ziehl & Jones, LLP, Laura Davis Jones , Pachulski, Stang, Ziehl & Jones, LLP & Scotta E. McFarland , Pachulski, Stang, Ziehl & Jones, LLP.

Official Committe of Asbestos Personal Injury Claimants, Appellee, represented by Mark Thomas Hurford , Campbell & Levine & James E. O'Neill, III , Pachulski, Stang, Ziehl & Jones, LLP.

James J. McMonagle, in His Capacity as Future Claimants Representative, Appellee, represented by Edwin J. Harron , Young, Conaway, Stargatt & Taylor LLP, James E. O'Neill, III , Pachulski, Stang, Ziehl & Jones, LLP & James L. Patton, Jr. , Young, Conaway, Stargatt & Taylor LLP.


MEMORANDUM ORDER

LEONARD P. 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 No. 04-11300-JKF...

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