IN RE BANKRUPTCY APPEAL OF AHERF

No. CIV.A.98-1993. Bankruptcy No. 98-5882M.

252 B.R. 332 (1999)

In re BANKRUPTCY APPEAL OF ALLEGHENY HEALTH, EDUCATION AND RESEARCH FOUNDATION ("AHERF"). Appeal Of Order(S) Staying/Enjoining Orphans' Court Proceedings.

United States District Court, W.D. Pennsylvania.

May 19, 1999.


Attorney(s) appearing for the Case

Thomas F. Halloran, Mark A. Pacella, Robert C. Edmundson, Office of the Attorney General, Sean R. Sullivan, Kirkpatrick & Lockhart, Philip E. Beard, Norman E. Gilkey, Michael J. Bodner, Stonecipher, Cunningham, Beard & Schmitt, Pittsburgh, PA, Jean R. Robertson, Lee D. Powar, Hahn, Loeser & Parks, Cleveland, OH, David A. Murdoch, Ellen L. Surloff, David L. McClenahan, Robert L. Byer, Kirkpatrick & Lockhart, Pittsburgh, PA, for Commonwealth of Pennsylvania, by D. Michael Fisher, Attorney General, Allegheny University Medical Practices, Allegheny General Hospital, Allegheny Singer Research Institute, Allegheny University Hospitals-West, appellants.

Douglas A. Campbell, Stanley E. Levine, Campbell & Levine, Pittsburgh, PA, David G. Heiman, Richard M. Cieri, Robert W. Hamilton, Jones, Day, Reavis & Pogue, Cleveland, OH, for Official Committee of Unsecured Creditors of Allegheny Health, Education and Research Foundation, appellees.

Gary Philip Nelson, Sherrard, German & Kelly, Pittsburgh, PA, for Western Pennsylvania Healthcare System, Inc.

Daniel I. Booker, Eric A. Schaffer, Reed, Smith, Shaw & McClay, Pittsburgh, PA, for Highmark Blue Cross Blue Shield.


MEMORANDUM OPINION AND ORDER OF COURT

LEE, District Judge.

On April 16, 1999, this Court heard oral argument on the merits of the consolidated appeals1 from the November 2, 1998, and November 30, 1998, Orders of the Bankruptcy Court enjoining the proceedings initiated by the Commonwealth of Pennsylvania, by its Attorney General, D. Michael Fischer, in the Court of Common Pleas of Allegheny County, Orphans' Court Division, and...

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