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IN RE MEDICAL CARE MANAGEMENT CO.

Nos. 301-44089, 301-14090.

361 B.R. 863 (2003)

In re MEDICAL CARE MANAGEMENT COMPANY, and In re Access Health Systems, Inc., Debtors.

United States Bankruptcy Court, M.D. Tennessee.

January 2, 2003.

Attorney(s) appearing for the Case

David E. Lemke, Esquire, Eric B. Schultenover, Esquire, Waller Landsen Dortch & Davis, PLLC, Nashville City Center, Nashville, TN, for Commissioner Anne P. Pope and Special Liquidator Courtney Pearre.

James R. Kelley, Esquire, David G. Thompson, Esquire, Neal & Harwell, Nashville, TN, for Debtors Medical Care Management Company and Access Health Systems, Inc.

Edwin M. Walker, Esquire, Garfinkle, McLemore & Walker, PLLC, Nashville, TN, for Official Committee of Unsecured Creditors Debtor Medical Care Management Company.

Craig V. Gabbert, Jr., Esquire, David P. Callas, Esquire, Harwell, Howard, Hyne, Gabbert & Manner, PC, Nashville, TN, for Official Committee of Unsecured Creditors for Debtor Access Health Systems, Inc.

MEMORANDUM OPINION

MARIAN F. HARRISON, Bankruptcy Judge.

This case is before the Court upon the Motion for Mandatory Abstention Pursuant to 28 U.S.C. § 1334(c)(2), or in the Alternative for Permissive Abstention Pursuant to 28 U.S.C. § 1334(c)(1) and the Motion for Relief from the Automatic Stay of 11 U.S.C. § 362 as Necessary to Proceed in State Court Action, both filed by Anne P. Pope, Commissioner...

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