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IN RE PRIMARY HEALTH SYSTEMS, INC.

Bankruptcy No. 99-615 MFW. Adversary No. 01-707 JKF.

275 B.R. 709 (2002)

In re PRIMARY HEALTH SYSTEMS, INC., PHS Cleveland, Inc., PHS Physician Management of Ohio, Inc., PHS Mt. Sinai, Inc., Primary Health Systems of Ohio, L.P., PHS St. Alexis, Inc. PHS Laurelwood, Inc., PHS Roxborough, Inc., and Lower Bucks, Inc., Debtors. Official Committee of Unsecured Creditors, Plaintiffs, v. Medical Mutual of Ohio. Defendant.

United States Bankruptcy Court, D. Delaware.

March 28, 2002.

Attorney(s) appearing for the Case

Neil Glassman, Esquire, Wilmington, DE, for Plaintiffs.

Stephen M. Miller, Esquire, Wilmington, DE, for Defendant.

MEMORANDUM OPINION1

JUDITH K. FITZGERALD, Chief Judge.

The matter before the court is the motion of Medical Mutual of Ohio ("MMO") to dismiss the Complaint filed by the Official Committee of Unsecured Creditors alleging preferential transfers2 from the Debtor to MMO. MMO asserts that an order entered by the Bankruptcy Court on March 17, 1999, authorizing payment of wages, salaries, and employee...

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