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IN RE NEWCARE HEALTH CORP.

Bankruptcy Nos. 99-44160-HJB to 99-44181-HJB, Adversary Nos. 01-4251-HJB, 01-4252-HJB.

274 B.R. 307 (2002)

In re NEWCARE HEALTH CORPORATION, et al., Debtors. In re Newcare Health Corporation, et al., by and through William A. Brandt, Jr., as Court Appointed Chapter 11 Examiner with Expanded Powers, Plaintiff, v. Midway Health Care Center, Defendant. In re Newcare Health Corporation, et al., by and through William A. Brandt, Jr., as Court Appointed Chapter 11 Examiner with Expanded Powers, Plaintiff, v. Pleasant View Nursing, Defendant.

United States Bankruptcy Court, D. Massachusetts.

March 7, 2002.

Attorney(s) appearing for the Case

Alan S. Dambrov, Cooley, Shrair, P.C., Springfield, MA, for Debtor.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

The disputes before this Court have arisen at the outset of these adversary proceedings. In short, the controversy surrounds the Plaintiff's admitted failure to properly name the appropriate corporate entities as defendants in the instant adversary proceedings. The Court has before it the following motions in the respective actions: (1) "Motion to Dismiss Pursuant

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