IN RE IDAK CORP.

Bankruptcy No. 79-1256, et al.

12 B.R. 17 (1981)

In re IDAK CORPORATION, et al., Debtors. The COMMONWEALTH OF MASSACHUSETTS by its DEPARTMENT OF PUBLIC WELFARE, Plaintiff, v. The UNITED STATES of America, Patricia R. Harris, as she is Secretary of the United States Department of Health, Education and Welfare, Joseph W. Bartlett and J. Joseph Maloney, Co-Receivers, IDAK Corporation, IDAK Convalescent Center of Lowell, Inc., IDAK Convalescent Center of North Reading, Inc., Brittany Towers Nursing Home, Inc., Linden House Nursing Home, Inc., IDAK Convalescent Center of Lawrence, Inc., IDAK Convalescent Center of Saugus, Inc., Broadway Convalescent Center, Inc., Brigham Manor Convalescent Home, Inc., Country Manor Convalescent Center, Inc., IDAK Convalescent Center of East Bridgewater, Inc., Pines House Nursing Home, Inc., IDAK Convalescent Center of Needham, Inc., Robbin House Convalescent Home, Inc., Blue Hills Convalescent Home, Inc., IDAK-Highland Convalescent Center, Inc., IDAK Convalescent Center of Fall River, Inc., IDAK-Grove Convalescent Center, Inc., IDAK Convalescent Home of New Bedford, Inc., IDAK Convalescent Center of Oxford, Inc., IDAK Convalescent Center of Webster, Inc., IDAK Convalescent Center of Worcester, Inc., IDAK Resident Care Center of Fitchburg, Inc., Spring House Nursing Home, Inc., Talbot Nursing Home, Inc., Edgewood Convalescent Home, Inc., IDAK Convalescent Center of Brighton, Inc., Star of David Convalescent Home, Inc., Defendants.

United States Bankruptcy Court, D. Massachusetts.

May 21, 1981.


Attorney(s) appearing for the Case

Leah W.S. Crothers, Asst. Atty. Gen., Jeffrey Ogilvie, Sp. Asst. to Atty. Gen., Dept. of Welfare, Boston, Mass., for Commonwealth of Massachusetts.

Zinora M. Mitchell, David Epstein, Civil Division, Dept. of Justice, Washington, D.C., for the United States.


ORDER PARTIALLY DISMISSING PROCEEDING

THOMAS W. LAWLESS, Bankruptcy Judge.

On April 15, 1980, (as amended August 14, 1980), the Commonwealth of Massachusetts (the "Commonwealth") filed a complaint against the above-named defendants. The complaint seeks inter alia1 to restrain the United States of America (the "United States") acting through the Secretary of the Department of Health and Human Services2...

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