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IN RE PRIMARY HEALTH SYSTEMS, INC.

Bankruptcy Nos. 99-615 (MFW) through 99-622(MFW) and 98-2623(MFW). Adversary No. 99-554(MFW).

258 B.R. 111 (2001)

In re PRIMARY HEALTH SYSTEMS, INC., et al., Debtors. Allegiance Healthcare Corporation, Plaintiff, v. Primary Health Systems, Inc., Phs Mt. Sinai and Primary Health Systems of Ohio L.P., Defendants.

United States Bankruptcy Court, D. Delaware.

January 26, 2001.

Attorney(s) appearing for the Case

Brendan Shannon, Matthew P. Denn, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, James P. Ricciardi, Gibson Dunn & Crutcher, LLP, New York City, for Defendants.

Michael D. DeBaecke, Blank Rome Comisky & McCauley, Wilmington, DE, Sherri B. Lazear, Baker & Hostetler LLP, Columbus, OH, for Plaintiff Allegiance Healthcare Corporation.

Reginald W. Jackson, Vorys Sater Seymour & Pease, LLP, Columbus, OH, Neil B. Glassman, Michael L. Vild, Elio Battista, the Bayard Firm, Wilmington, DE, for the Official Committee of Unsecured Creditors.

Daniel K. Astin, Office of the United States Trustee, Philadelphia, PA.

OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Debtors' Motion for summary judgment to disallow the Plaintiff's reclamation claim as a secured or administrative claim pursuant to section 546(c)(2). Because we conclude that there is a disputed issue of material fact, we deny the motion for summary judgment.

I. FACTUAL BACKGROUND

In September, 1996, Primary Health Systems...

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