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IN RE ST. MARY HOSP.

Bankruptcy No. 88-11421S, Adv. No. 91-0038S.

125 B.R. 422 (1991)

In re ST. MARY HOSPITAL, Debtor. Roger HISER, Trustee in Bankruptcy, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE and John M. White, Jr., Secretary, Commonwealth of Pennsylvania, Department of Public Welfare, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

April 5, 1991.

Attorney(s) appearing for the Case

W. Thomas Berriman, Jeffrey B. Schwartz, David S. Fishbone, Ciardi, Fishbone and DiDonato, Philadelphia, Pa., for trustee.

John A. Kane, Chief Counsel, Thomas B. York, Chief of Litigation, Office of Legal Counsel, Harrisburg, Pa., Thomas Blazusiak, Northeastern Regional Counsel, Allentown, Pa., for defendants.

MEMORANDUM

DAVID A. SCHOLL, Bankruptcy Judge.

A. HISTORY OF THE MATTERS IN DISPUTE.

On January 15, 1991, the instant adversary action was instituted by ROGER HISER ("the Trustee"), the trustee in bankruptcy for ST. MARY HOSPITAL ("the Debtor"), against the COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE ("DPW") and JOHN H. WHITE, JR., the Secretary of DPW.

The history of the underlying Chapter 11 case, filed April 27, 1988, is set...

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