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IN RE LYMECARE, INC.

Bankruptcy No. 98-18746/JHW. Adversary No. 99-1280.

301 B.R. 662 (2003)

In the Matter of LYMECARE, INC., Debtor. Steven R. Neuner, Esq., Chapter 7 Trustee and Lyme Disease Treatment Center, Inc., Plaintiffs, v. Horizon Blue Cross Blue Shield of New Jersey, et al., Defendants.

United States Bankruptcy Court, D. New Jersey.

November 5, 2003.

Attorney(s) appearing for the Case

Ben H. Becker, Esq., Martin L. Borosko, Esq., Becker Meisel LLC, Livingston, NJ, for Horizon BC/BS of NJ.

Jerry L. Tanenbaum, Esq., Schnader, Harrison, Segal & Lewis LLP, Woodland Falls Corporate Park, Cherry Hill, NJ, for the Chapter 7 Trustee.

Michael Berger, Esq., Michael Dolich, Esq., Andres & Berger, Haddonfield, NJ, for LDTC.

OPINION ON HORIZON'S SECOND MOTION FOR SUMMARY JUDGMENT

JUDITH H. WIZMUR, Bankruptcy Judge.

In this adversary proceeding, Horizon Blue Cross Blue Shield of New Jersey moves for summary judgment to dismiss claims filed against it by the Chapter 7 bankruptcy estate of LymeCare, Inc. and a related entity, Lyme Disease Treatment Center, Inc. For the reasons expressed below, Horizon's motion is granted in part and denied in part.

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