IN RE GENESIS HEALTH VENTURES, INC.

Bankruptcy Nos. 00-2692-JHW, 00-2494-JHW. CIV.A. Nos. 02-103-JJF, CIV.A. 01-734-JJF.

280 B.R. 339 (2002)

In re GENESIS HEALTH VENTURES, INC., et al., Debtors. In re Multicare AMC, Inc., et al., Debtors. Charles L. Grimes, Appellant, v. Genesis Health Ventures, Inc., et al., Appellees. Charles L. Grimes, Appellant, v. Multicare AMC, Inc., et al., Appellee.

United States District Court, D. Delaware.

June 14, 2002.


Attorney(s) appearing for the Case

David A. Jenkins, Esquire and Michele C. Gott, Esquire of Smith Katzenstein & Furlow LLP, Wilmington, Delaware, for Appellant.

Mark D. Collins, Esquire, Russell C. Silberglied, Esquire of Richards, Layton & Finger, P.A., Wilmington, Delaware, Of Counsel Michael F. Walsh, Esquire, Gary T. Holtzer, Esquire of Weil, Gotshal & Manges LLP, New York City, Adam P. Strochak, Esquire and Jeffrey L. Cimbalo, Esquire of Weil, Gotshal & Manges LLP, Washington, D.C., for Appellees Reorganized Debtors Genesis Health Ventures, Inc., et al.

Robert S. Brady, Esquire of Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware, Of Counsel Paul V. Shalhoub, Esquire of Willkie Farr & Gallagher, New York City, for Appellees/Reorganized Debtors Multicare AMC, Inc., et al.

Teresa K.D. Currier, Esquire of Klett Rooney Lieber & Schorling, Wilmington, Delaware, Of Counsel Menachem O. Zelmanovitz, Esquire of Morgan, Lewis & Bockius LLP, New York, City, for Appellees Melon Bank, N.A., as Agent for the prepetition Senior Lenders and the First Union National Bank as Agent for the Exit Lenders.


MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court is a Joint Motion To Dismiss The Appeal (D.I.12) filed by Appellees, Genesis Health Ventures Inc. ("Genesis") and its affiliated co-debtors, Multicare AMC, Inc. and its affiliated co-debtors ("Multicare"), Mellon Bank, N.A., as agent for the prepetition senior secured lenders of Genesis and Multicare, and First Union National Bank, as agent for the exit financing lenders.

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