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HERMAN v. HOSPITAL STAFFING SERVICES, INC.

No. 99-2165 DV.

236 B.R. 377 (1999)

Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff, v. HOSPITAL STAFFING SERVICES, INC., d/b/a Mid-South Comprehensive Home Health and d/b/a Alternative Care Medical Services and d/b/a All-Care Professional Services, Inc. and d/b/a HSSI Home Care, and Ron Lusk, Individually and as President of Hospital Staffing Services, Inc., and Capital Factors, Inc., d/b/a Capital Healthcare Financing, and Kenneth A. Welt, Trustee in Bankruptcy for Hospital Staffing Services, Inc., Defendants.

United States District Court, W.D. Tennessee, Western Division.

July 27, 1999.

Attorney(s) appearing for the Case

Brian W. Dougherty, Henry L. Solano, Solicitor of Labor, Jaylynn K. Fortney, Regional Solicitor, U.S. Department of Labor, Office of the Solicitor, Nashville, TN, for Alexis M. Herman, Secretary of Labor, United States Department of Labor, plaintiff.

Peter G. Herman, Tripp Scott, Fort Lauderdale, FL, for Ron Lusk, Individually and as President of Hospital Staffing Services, Inc., defendant.

Lance H. Baker, Ruden McClosky Smith Schuster & Russell, PA, Ft. Lauderdale, FL, for Capital Factors, Inc. dba Capital Healthcare Financing, defendant.

Arthur Halsey Rice, Rice & Robinson, P.A., Miami, FL, for Kenneth Welt, Trustee in Bankruptcy for Hospital Staffing Services, Inc., defendant.

ORDER DENYING DEFENDANTS' KENNETH A. WELT'S, CAPITAL FACTORS, INC., AND RON LUSK'S MOTIONS TO DISMISS

DONALD, District Judge.

Before the court are the motions of Bankruptcy Trustee, Kenneth Welt, Capital Factors, and Ron Lusk asking the court to dismiss Plaintiff's complaint for lack of subject matter jurisdiction pursuant to FED.R.CIV.P. 12(b)(1) and for failure to state a proper claim under FED.R.CIV.P. 12(b)(6...

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