KAFTON v. BAPTIST PARK NURSING CENTER, INC.

Civ. No. 78-968 PHX CLH.

617 F.Supp. 349 (1985)

Ella S. KAFTON, individually, Plaintiff, and Magdalena H. Scheller, a representative of a class, Plaintiff/Intervenor, v. BAPTIST PARK NURSING CENTER, INC., et al., Defendants.

United States District Court, D. Arizona.

June 28, 1985.


Attorney(s) appearing for the Case

R. Alan Stotensburg, R. Alan Stotensburg, P.C., New York City, for plaintiff.

Philip A. Robbins, Robbins & Green, P.A., Phoenix, Ariz., for plaintiffs/intervenors Scheller and Bondholder Class.

Donald W. Bivens, Martori, Meyer, Hendricks & Victor, P.A., Phoenix, Ariz., for Baskin & Sears and H. Gorden Brown.

George H. Mitchell, O'Connor, Cavanagh, Anderson, Killingsworth & Beshears, Phoenix, Ariz., for Baptist Park Nursing Center.

Dale A. Danneman, Lewis & Roca, Phoenix, Ariz., for Detroit Bank & Trust Co.


MEMORANDUM OPINION AND ORDER

HARDY, District Judge.

Bond counsel defendants request the Court's findings of disputed fact and/or conclusions of law in support of its April 4, 1985, denial of bond counsel's motion for partial summary judgment on the issue of the tax-exempt nature of the 1976 Nursing Center bonds. Bond counsel raised two arguments in their memorandum: judicial estoppel and failure to show loss causation. However, their request for findings...

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