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IN RE PORTLAND METRO HEALTH, INC.

Bankruptcy No. 381-03236, Adv. No. 81-0558.

15 B.R. 102 (1981)

In re PORTLAND METRO HEALTH, INC., an Oregon Corporation, Debtor. PORTLAND METRO HEALTH, INC., an Oregon Corporation, Plaintiff, v. Josephine M. DRISCOLL, Acting Insurance Commissioner for Oregon, Defendant.

United States Bankruptcy Court, D. Oregon.

October 22, 1981.

Attorney(s) appearing for the Case

Henry Kane, Beaverton Or., for plaintiff.

Kathleen Dahlin, Salem Or., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW GRANTING DISMISSAL OF CHAPTER 11 PETITION

DONAL D. SULLIVAN, Bankruptcy Judge.

The plaintiff filed a complaint against the Acting Insurance Commissioner for the State of Oregon to determine its eligibility for relief under Chapter 11 of the Bankruptcy Code. Plaintiff contended that it is a "health maintenance organization" and as such is not within 11 U.S.C. § 109(b)(2) and (d), which excludes a "domestic insurance...

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