Four days after a federal appeals court dismissed Johnson & Johnson’s talc bankruptcy, plaintiffs lawyers moved to toss out the Chapter 11 case involving 3M’s combat earplugs.

Friday’s dismissal motion argued that the lack of financial distress underpinning Monday’s decision by the U.S. Court of Appeals for the Third Circuit in the Chapter 11 case of Johnson & Johnson subsidiary LTL Management also exists in the July 26 bankruptcy of 3M’s Aearo Technologies.