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IN RE AMBULATORY MEDICAL & SURGICAL HEALTH CARE, INC.

Bankruptcy No. 92-25328-JLC. Adv. No. 95-2077-BM.

187 B.R. 888 (1995)

In re AMBULATORY MEDICAL & SURGICAL HEALTH CARE, INC., Debtor. Mark L. GLOSSER, Trustee for Ambulatory Medical & Surgical Health Care, Inc., Plaintiff, v. S & T BANK, formerly The Savings and Trust Company of Pennsylvania; Frank R. Santamaria, individually and as a general partner of Mt. Pleasant Development Group, a/k/a Mt. Pleasant Development Group I and Linda Santamaria, his wife; Frank V. Maida, individually and as a general partner of Mt. Pleasant Development Group, a/k/a Mt. Pleasant Development Group I and Phyllis Maida, his wife; James E. Nicolette, individually and as a general partner of Mt. Pleasant Development Group, a/k/a Mt. Pleasant Development Group I and Eva Joy Nicollette, his wife; Mt. Pleasant Development Group, a/k/a Mt. Pleasant Development Group I, a Pennsylvania general partnership, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

October 5, 1995.

Attorney(s) appearing for the Case

Mark L. Glosser, Stone, Glosser & Stone, Pittsburgh, PA, Trustee for Ambulatory Medical & Surgical Health Care, Inc.

James F. Grenen, O'Keefe, Grenen & Birsic, P.C., Pittsburgh, PA, for Defendant S & T Bank.

F. Scott Gray, Sable, Makoroff & Gusky, P.C., Pittsburgh, PA, for Defendants Frank R. Santamaria, James E. Nicolette and Eva Joy Nicolette, his wife.

Samuel R. Grego, Springer, Bush & Perry, P.C., Pittsburgh, PA, for Defendant Linda Santamaria.

Donald P. Tarosky, Ceraso & Tarosky, Greensburg, PA, for Defendants Frank V. Maida and Phyllis Maida, his wife.

Kathleen Robb-Singer, Office of United States Trustee, Pittsburgh, PA.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Defendant S & T Bank (hereinafter "S & T") has brought a motion to dismiss the complaint against it and all other defendants. The chapter 7 trustee, plaintiff herein, opposes the motion.

The chapter 7 trustee has brought a motion to reconsider a prior order of court and seeks leave to amend certain counts of its complaint to add an additional cause of action against defendants...

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