IN RE ALLEN CARE CENTERS, INC.

No. CV 94-1507-RE. Bankruptcy No. 390-36679-P7. Adv. No. 94-3198.

182 B.R. 49 (1995)

In re ALLEN CARE CENTERS, INC., an Oregon corporation, Debtor. Ronald G. WITCOSKY, Trustee, Plaintiff-Appellee, v. CLINICAL OPTIONS, INC., Defendant-Appellant.

United States District Court, D. Oregon.

Order Amending Decision April 7, 1995.


Attorney(s) appearing for the Case

Linda Johannsen, Ater Wynne Hewitt Dodson & Skerritt, Portland, OR, for plaintiff-appellee Ronald G. Witcosky, Trustee.

Charles R. Bowers, Delo & Bowers and J. Patrick O'Malley, O'Malley & Antell, Portland, OR, for defendant-appellant Clinical Options, Inc.


OPINION

REDDEN, District Judge:

Clinical Options, Inc. (Clinical) appeals the decision of the bankruptcy court denying Clinical's motion to dismiss. For the reasons that follow, the bankruptcy court's decision is affirmed.

BACKGROUND

Allen Care Centers filed a Chapter 11 bankruptcy petition on December 10, 1990. A trustee was not appointed until October 2, 1992. The Trustee, Ronald G. Witcosky, filed this action against Clinical on April...

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