IN RE SETTLEMENT FACILITY DOW CORNING TRUST

Nos. 09-1827, 09-1830.

628 F.3d 769 (2010)

In re SETTLEMENT FACILITY DOW CORNING TRUST Dow Corning Corporation, Interested Party-Appellant, v. Claimants' Advisory Committee, Interested Party-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 17, 2010.

Rehearing and Rehearing En Banc Denied January 24, 2011.


Attorney(s) appearing for the Case

ARGUED: John Donley , Kirkland & Ellis, LLP, Chicago, Illinois, for Appellant. Jeffrey S. Trachtman , Kramer Levin Naftalis & Frankel LLP, New York, New York, for Appellee. ON BRIEF: John Donley , Douglas Geoffrey Smith , G. David Mathues , Kirkland & Ellis, LLP, Chicago, Illinois, Deborah E. Greenspan , Dickstein Shapiro LLP, Washington, D.C., for Appellant. Jeffrey S. Trachtman , Kramer, Levin, Naftalis & Frankel, LLP, New York, New York, Ernest H. Hornsby , Farmer, Price, Hornsby & Weatherford, LLP, Dothan, Alabama, Dianna Pendleton-Dominguez , Law Office of Dianna Pendleton-Dominguez, St. Marys, Ohio, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which SUTTON, J., joined. BATCHELDER, C.J. (pp. 774-79), delivered a separate opinion concurring in part and dissenting in part.


OPINION

KETHLEDGE, Circuit Judge.

Normally our task in construing a contract or similar document is to identify not merely a reasonable interpretation, but the best one. In some cases, however, some other court or entity is better-positioned to determine what interpretation is best. In those cases, we might ask whether that court's interpretation is reasonable, and if so leave matters there.

This is such a case. At issue in these now-consolidated...

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