IN RE ERLIN MANOR NURSING HOME, INC.

Bankruptcy Nos. 81-02344-JG to 81-02346-JG, 79-01664-JG to 79-01667-JG, Adv. No. 83-0711.

36 B.R. 672 (1984)

In re ERLIN MANOR NURSING HOME, INC. d/b/a Casa Grande Long Term Care Facility, Casa Grande, et al., Debtors. ERLIN MANOR NURSING HOME, INC., et al., Plaintiffs, v. The RATE SETTING COMMISSION OF the COMMONWEALTH OF MASSACHUSETTS, et al., Defendants. In re FIRST IPSWICH COMPANY, INC., et al., Debtors. WEST SIDE CORPORATION, et al., Plaintiffs, v. Peter HIAM, et al., Defendants.

United States Bankruptcy Court, D. Massachusetts.

January 18, 1984.


Attorney(s) appearing for the Case

Timothy H. Gailey, Hale & Dorr, Boston, Mass., for plaintiffs/debtors.

Stephen S. Ostrach, Asst. Atty. Gen., Government Bureau, Boston, Mass., for defendant Com. of Mass.


MEMORANDUM

JAMES N. GABRIEL, Bankruptcy Judge.

STATEMENT OF FACTS:

In these two adversary proceedings, the Chapter XI and Chapter 11 debtor nursing homes ("debtors" or "nursing homes") seek to enjoin the Commonwealth of Massachusetts Rate Setting Commission ("Commission") from making deductions because of the debtors' "negative equity" for numerous years prior to 1979. After evidentiary hearing on the debtors' Motion for Preliminary Injunction, and...

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