Fw: URGENT - TOXIC NEWS & VIEWS ON - DOW BANKRUPTCY

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----- Original Message -----

From: " Kathi " <pureheart@...>

Sent: Tuesday, December 24, 2002 3:33 PM

Subject: URGENT - TOXIC " NEWS & VIEWS " ON - DOW BANKRUPTCY

>

> TOXIC DISCOVERY

> 1906 Grant

> Columbia MO 65203

> Phone: (573) 445-0861 Fax: (573) 445-4700

> Email: toxicdiscovery@...

> URL: http://www.toxicdiscovery.com

>

>

>

>

> TOXIC UPDATE FROM: TOXIC DISCOVERY

>

> DOW BANKRUPTCY

>

> December 24, 2002

>

>

> _________________________________________________________

>

> Update from Geoff White, Esq.

>

> Acting upon the advice of our bankruptcy counsel and the Professor

> of Law who " wrote the book " on third party releases, our Nevada

> clients

> filed an appeal, which will be directed to the issue of releasing Dow

>

> Chemical. We understand other parties are filing appeals and would

> file

> appeals even if the Nevadans did not. We cannot predict what the 6th

>

> Circuit will do this time around. Last time around, they reversed

> and

> sent the case back for further factual findings. This time around,

> we

> are hopeful that the 6th Circuit will affirm the Plan as interpreted

> by

> Judge Spector not to apply to those who voted No, including the

> Nevadans. Hope springs eternal. We Nevadans will stay true to our

> principle despite the risks that we will be wrongly accused of

> delaying

> resolution. If your readers recall that Dow Corning filed bankruptcy

> in

> May of 1995, and if they followed the tortuous path of the bankruptcy

>

> since then, they will know that the " Big Thing " which has caused 90%

> of

> the delay in this case is Dow Corning's and Dow Chemical's attempt to

>

> get Dow Chemical released from all liability, despite Dow Chemical's

> never having filed bankruptcy. Without the third party release issue,

>

> this case would have been over and done with in 1997, long before

> ANYONE

> filed any appeals.

>

> Geoff White

>

> Geoffrey White, Esq.

> Law Offices of White and Meany

> 3185 Lakeside Drive

> Reno, Nevada 89509

> 775.828.9999

>

> -------------

>

> Update From Mr. , Esq.

>

> A further appeal has been taken to Judge Hood's recent affirmation of

> the shareholder releases provided in the Joint Plan of Reorganization in

> the Dow Corning

> bankruptcy case. The appeal will ask the 6th Circuit to further

> review whether the releases given the shareholders in the Dow Corning

> bankruptcy case should be

> sustained. The appeal was filed by certain Nevada claimants. The

> Tort Claimants Committee will be asking the 6th Circuit to review this

> appeal on an expedited basis in

> an effort to bring the appellate process challenging the plan to an

> end, and thus allow for payments under the settlement program to begin.

> The TCC does not expect that

> this appeal by the Nevada claimants will interfere with the recently

> issued further order from Judge Hood that will require claims forms to

> be mailed early next year.

>

> L.

> Haynes and Boone, L.L.P.

> 1000 Louisiana, Suite 4300

> Houston, Texas 77002

> 713-547-2000 (main number)

> -------------

> This information provided by:

> Toxic Discovery

>