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In re Owens Corning

August 15, 2005

IN RE: OWENS CORNING, A DELAWARE CORPORATION
CREDIT SUISSE FIRST BOSTON, AS AGENT FOR THE PREPETITION BANK LENDERS, APPELLANT



On Appeal from the United States District Court for the District of Delaware. (D.C. Civil Action No. 00-cv-03837). District Judge: Honorable John P. Fullam.

The opinion of the court was delivered by: Ambro, Circuit Judge

PRECEDENTIAL

Argued February 7, 2005

Before: ROTH, AMBRO and FUENTES, Circuit Judges

ORDER AMENDING PUBLISHED OPINION

IT IS NOW ORDERED that the published Opinion in the above case filed August 15, 2005, be amended as follows:

(1) In the sixth line in the second column of 419 F.3d at 206 (the last line of the carryover paragraph), delete "904" and in its place put "at 907" (thus, the cite should read "61 S.Ct. at 907.").

(2) At the end of note 12 on page 207, add the following new paragraph:

A case from our Court -- In re Pittsburgh Rys. Co., 155 F.2d 477 (3d Cir. 1946), cert. denied sub nom. Phila. Co. v. City of Pittsburgh,329 U.S. 731 (1946) -- cited Stone, id. at 484-85 n.15, in granting the request of the City of Pittsburgh to exercise bankruptcy jurisdiction over non-debtor companies controlled by the debtor Pittsburgh Railways Company. While guided by the practical need to "strip[] off" corporate "cloak[s]," id. at 484, in reorganizing Pittsburgh's transportation system, our Court pointed out that "[t]he reorganization court cannot indefinitely be called upon to provide . . . unification," id. at 481. In so doing, it emphasized that "we are in no way passing upon the fairness of any plan [of reorganization]." Id. at 485; see also id. at 481.

(3) In the sixth line of the first full paragraph at page 207, add "Corp." after "Ouimet" and before ",".

(4) In the seventh line of the first full paragraph at page 207, add ", cert. denied, 464 U.S. 961 (1983)" after "(1st Cir. 1983)" and before ";" (thus, the combined changes in (2) above and this (3) should cause the cite to read: "Pension Benefit Guar. Corp. v. Ouimet Corp., 711 F.2d 1085, 1092-93 (1st Cir. 1983), cert. denied, 464 U.S. 961 (1983)").

(5) In the tenth line of the first full paragraph at page 207, delete "252" and in its place put "248" (thus, the cite should read: "935 F.2d at 248").

(6) In the next-to-last line of the first full paragraph at page 207, delete "1106-07" and in its place put "1105-07" (thus, the cite should read: "31 F.3d 1102, 1105-07 (11th Cir. 1994)").

(7) In the second and third lines of the second column at page 207, delete "In re Giller, 962 F.2d at 798;" and add "Corp." after "Inv." and before the "," (thus, the cite should read: ...


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