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CARROLTON OF FAYETTEVILLE v. PINE MANOR REST HOME

No. 5:96-CV-923-BR.

215 B.R. 341 (1997)

THE CARROLTON OF FAYETTEVILLE, INC., Highland House of Fayetteville, Inc., Richard S. Allen, Sr., Plaintiff-Appellants, v. PINE MANOR REST HOME, INC., LTC Properties, Inc., North Carolina Department of Human Resources, Division of Facility Services, Certificate of Need Section, Defendant-Appellees.

United States District Court, E.D. North Carolina, Western Division.

March 31, 1997.

Attorney(s) appearing for the Case

Gregory Byrd Crampton, Raleigh, NC, S. Todd Hemphill, Bode, Call & Green, Robert Vincent Bode, William P. Janvier, Merriman, Nicholls & Crampton, for Carrolton of Fayetteville.

Gregory Byrd Crampton, Raleigh, NC, S. Todd Hemphill, Bode, Call & Green, Robert Vincent Bode, for Highland House of Fayetteville and Richard R. Allen, Senior.

Betty Kelley Sousa, Smith, Debnam, Hibbert & Pahl, Raleigh, NC, Santiago M. Estrada, William G. Berggren, Smith, Debman, Hibbert & Pahl, for Pine Manor Rest Home.

James A. Wellons, Jr., N.C. Dept. of Justice, Raleigh, NC, William H. McCullough, Parker, Poe, Adams & Bernstein, for North Carolina Department of Human Resources and LTC Properties.

ORDER

BRITT, District Judge.

This matter is before the court on plaintiffs' appeal of the order of the Honorable A. Thomas Small, United States Bankruptcy Judge dated 9 August 1996 in which the court granted summary judgment for defendants, and denied summary judgment for the plaintiffs.

I. BACKGROUND

The Carrolton of Fayetteville, Inc., Highland House of Fayetteville, Inc. and Richard R. Allen, Sr. (plaintiffs) filed the...

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