3rd Circ. Kills WR Grace Bid To Bar Mont. Mine Claims

Law360, New York (January 4, 2010, 1:33 PM EST) -- A federal appeals court has shot down bankrupt materials company W.R. Grace & Co.'s attempt to expand a preliminary injunction barring claims against the state of Montana arising from Grace’s asbestos-laden mining operations near Libby.

A three-judge panel in the U.S. Court of Appeals for the Third Circuit on Thursday struck down Grace's and the state's consolidated appeals of successive bankruptcy and district court orders ruling that the bankruptcy court lacked jurisdiction to expand the injunction to enjoin those claims.

“The existence of a bankruptcy proceeding...
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