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IN RE KING MEMORIAL HOSP., INC.

No. 84-5646.

767 F.2d 1508 (1985)

In re KING MEMORIAL HOSPITAL, INC. and Florida Hospital Group, Inc., Debtors. HIALEAH HOSPITAL, INC., Plaintiff-Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, State of Florida; Robert A. Schatzman and Justin P. Havee, Co-Trustees of King Memorial Hospital, Inc. and Florida Hospital Group, Inc.; Miami Capital Development, Inc., and Republic Health Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 12, 1985.

Attorney(s) appearing for the Case

Byron B. Mathews, Jr., McDermott, Will & Emery, Tallahassee, Fla., S. Michael Levin, Miami, Fla., Brian Hucker, Chicago, Ill., for Hialeah Hosp., Inc.

Ronald J. Cohen, Paul, Landy, Beiley & Harper, P.A., Miami, Fla., for Miami Capital Development, Inc.

Locke, Purnell, Boren, Laney & Neely, Barbara J. Houser, John Flowers, Lisa Graiver, Stanley Neely, Orrin Harrison, Dallas, Tex., for Republic Health Corp.

Before HENDERSON and CLARK, Circuit Judges, and HOFFMAN, District Judge.

PER CURIAM:

This is an appeal from a district court order refusing to grant a motion by Hialeah Hospital, Inc., (Hialeah) to withdraw the reference of an adversary proceeding from the bankruptcy court.

Hialeah commenced this litigation in a pending bankruptcy proceeding in May of 1984, seeking declaratory and injunctive relief from a bankruptcy court order authorizing the transfer of King Memorial Hospital's (the bankrupt) certificate of need exemption to...

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