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IN RE LIFE SERVICE SYSTEMS, INC.

Bankruptcy No. 97-20226-BM. Adversary No. 98-2082-BM.

279 B.R. 504 (2002)

In re LIFE SERVICE SYSTEMS, INC., Debtor. James R. Walsh, Trustee of the Bankruptcy Estate of Life Service Systems, Inc., Plaintiff, v. Westmoreland Human Opportunities, Inc., Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

June 20, 2002.

Attorney(s) appearing for the Case

James R. Walsh, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, PA, for trustee/plaintiff.

Daniel B. Pagliari, Paletta & Pagliari, P.C., Lower Burrell, PA, for defendant.

Joseph S. Sisca, Assistant United States Trustee, Western District of Pennsylvania, Pittsburgh, PA.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

This matter is on remand for determination of two issues. We first must determine whether defendant Westmoreland Human Opportunities (hereinafter "WHO"), which at one time was a member of the Official Committee Of Unsecured Creditors, owed a fiduciary duty to fellow general unsecured creditors with respect to a transaction involving an asset that does not qualify as property of the debtor's bankruptcy...

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