Legal Opinion

Schweitzer, Josephine v. Consolidated Rail Corporation (Conrail) and the Reading Company. Seibert, Mildred, Individually and as of the Estate of Seibert, Paul D., Deceased v. Consolidated Rail Corporation (Conrail) the Reading Company. Wentzel, George A. v. Consolidated Rail Corporation (Conrail) and the Reading Company. Elaine Schwambach, of the Estate of Woodrow W. Schwambach and Merlin Schwambach, of That Estate v. Consolidated Rail Corporation (Conrail) and the Reading Company. Frank, Marilyn L., as of the Estate of Russell C. Wennell, Deceased v. Consolidated Rail Corporation (Conrail) and the Reading Company. Scholl, Martin H., Individually and as of the Estate of Ethel M. Scholl, Deceased v. Consolidated Rail Corporation (Conrail) and the Reading Company. Fenstermacher, Earl R., and Scholing, Carl v. Consolidated Rail Corporation, a Corporation, and the Reading Company, a Corporation v. Anchor Packing Company, Celotex Corporation, Successor-In-Interest to Philip Carey Manufacturing Company, Philip Carey Corporation, Briggs Manufacturing Company And/or Panacon Corporation, Certainteed Corporation, Durox Equipment Company, Garlock, Inc., Janos Industrial Insulation Corporation, John Crane- Houdaille, Inc., J.W. Roberts Ltd., Keene Corporation, Nicolet, Inc., Nosroc Corporation, Successor-In-Interest to G. & W.H. Corson, Inc. And Calcite Quarry Corporation, Studebaker-Worthington, Inc., Tannetics, Inc., Turner & Newall Plc, Turner Asbestos Fibers Ltd., Union Rubber, Inc. And Vellumoid Company, Third-Party Eagle Picher Industries, Inc. And Flintkote Company. Appeal of Fenstermacher, Earl R., in No. 84-1203. Appeal of Scholing, Carl, in No. 84-1204. Josephine Schweitzer, Mildred Seibert, Individually and as of the Estate of Paul D. Seibert, Deceased, George A. Wentzel, Elaine Schwambach, of the Estate of Woodrow W. Schwambach, and Merlin Schwambach, of That Estate, Marilyn L. Frank, as of the Estate of Russell C. Wennell, Deceased, Martin H. Scholl, Individually and as of the Estate of Ethel M. Scholl, Deceased v. Consolidated Rail Corporation (Conrail) and the Reading Company. Appeal of Consolidated Rail Corporation. (Two Cases) Earl R. Fenstermacher and Carl Scholing v. Consolidated Rail Corporation, a Corporation, and the Reading Company, a Corporation v. Anchor Packing Company, Celotex Corporation, Successor-In-Interest to Philip Carey Manufacturing Company, Philip Carey Corporation, Briggs Manufacturing Company And/or Panacon Corporation, Certainteed Corporation, Durox Equipment Company, Garlock, Inc., Janos Industrial Insulation Corporation, John Crane- Houdaille, Inc., J.W. Roberts Ltd., Keene Corporation, Nicolet, Inc., Nosroc Corporation, Successor-In-Interest to G. & W.H. Corson, Inc. And Calcite Quarry Corporation, Studebaker-Worthington, Inc., Tannetics, Inc., Turner & Newall Plc, Turner Asbestos Fibers Ltd., Union Rubber, Inc. And Vellumoid Company, Third-Party Eagle Picher Industries, Inc. And Flintkote Company. In the Matter of the Central Railroad Company of New Jersey, Debtor, Consolidated Rail Corporation, Intervenor, Andrew Thomas and Trudell Thomas, His Wife, Appeal of Andrew Thomas and Trudell Thomas, in No. 84-5293. Appeal of Consolidated Rail Corporation, Intervenor in No. 84-5310. In the Matter of the Central Railroad Company of New Jersey, Debtor, Consolidated Rail Corporation, Intervenor . Appeal of Joseph Pongrac, Sr., Robert A. Bingle, Alexander Redelico and Evelyn Redelico, H/w, Joseph C. Popadick and Elma Popadick, H/w, Edward Witos and Philomena Witos, H/w, Mark Gammel, Harry Guralchuk, Steve Palichak, Joseph M. Pinto, Frank Pongrac, Jr., John Sowizral, Harry Wilson, George J. Zeblisky, Robert J.F. Brobyn, Richard Middleton and Any and All Persons Acting on Their Behalf

Court of Appeals for the Third Circuit

Decided April 26, 1985No. 84-5451PublishedCited by 16 opinions

1Opinion of the Court

758 F.2d 936

53 USLW 2503, 12 Collier Bankr.Cas.2d 671,

12 Bankr.Ct.Dec. 1405, Bankr. L. Rep. P 70,346

SCHWEITZER, Josephine, Appellant,

v.

CONSOLIDATED RAIL CORPORATION (CONRAIL) and the Reading Company.

SEIBERT, Mildred, Individually and as Executrix of the

Estate of Seibert, Paul D., Deceased, Appellant,

v.

CONSOLIDATED RAIL CORPORATION (CONRAIL) the Reading Company.

WENTZEL, George A., Appellant,

v.

CONSOLIDATED RAIL CORPORATION (CONRAIL) and the Reading Company.

Elaine SCHWAMBACH, Executrix of the Estate of Woodrow W.

Schwambach and Merlin Schwambach, Executor of that

Estate, Appellants,

v.

CONSOLIDATED…

2Cases cited14 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. Urie v. ThompsonSupreme Court of the United States · 1949
  4. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  5. In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985

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3Cited by16 opinions

  1. James Leroy Jackson v. Johns-Manville Sales Corporation and Raybestos-Manhattan, Inc., DefendantsCourt of Appeals for the Fifth Circuit · 1986
  2. In Re Robert Burns Jensen Rosemary Tooker Jensen, Debtors. California Department of Health Services v. Robert Burns Jensen Rosemary Tooker JensenCourt of Appeals for the Ninth Circuit · 1993
  3. Burns v. Jaquays Mining Corp.Court of Appeals of Arizona · 1988
  4. United States v. LTV Corp. (In re Chateaugay Corp.)Court of Appeals for the Second Circuit · 1991
  5. Official Committee of Asbestos Personal Injury v. Sealed Air Corp. (In Re W.R. Grace & Co.)United States Bankruptcy Court, D. Delaware · 2002

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