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IN RE FLAGSHIP HEALTHCARE, INC.

Bankruptcy No. 00-10050-BKC-RAM. Adversary No. 01-1065-BKC-RAM-A.

269 B.R. 721 (2001)

In re FLAGSHIP HEALTHCARE, INC., Debtor. Joel L. Tabas, as Trustee of the bankruptcy estate of Flagship Healthcare, Inc., and its subsidiaries, Plaintiff, v. Greenleaf Ventures, Inc., Greenleaf Ventures, Inc. d/b/a Greenleaf Associates, Timothy L. Stocksdale, and David Wallace, Defendants.

United States Bankruptcy Court, S.D. Florida.

November 13, 2001.

Attorney(s) appearing for the Case

Mara Beth Sommers, Miami, FL, Special Counsel to Joel L. Tabas, Trustee.

Michael S. Budwick, Miami, FL, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

ROBERT A. MARK, Chief Judge.

On March 7, 2001, Joel L. Tabas, as Chapter 7 Trustee (the "Trustee" or "Plaintiff") of Flagship Healthcare, Inc. and its subsidiaries ("Flagship" or the "Debtor"), filed this adversary proceeding against Greenleaf Ventures, Inc., Timothy Stocksdale and David Wallace (the "Defendants"). Stocksdale and Wallace (the...

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