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IN RE SENIOR LIVING PROPERTIES, L.L.C.

Bankruptcy No. 02-34243-SAF-11. Adversary No. 03-3262.

309 B.R. 223 (2004)

In re SENIOR LIVING PROPERTIES, L.L.C., et al., Debtors. Dan B. Lain, Trustee of Senior Living Properties, L.L.C., Trust, Plaintiff and Counter-Defendant, v. ZC Specialty Insurance Company, Defendant and Counter-Plaintiff.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

April 23, 2004.

Attorney(s) appearing for the Case

Marvin Isgur, Floyd, Isgur, Rios and Wahrlich, Houston, David Hill, Wellborn, Houston, et al., Henderson, TX, David Marks, The Marks Firm, Houston, TX, Lynette Warman, Jenkens & Gilchrist, Dallas, TX, for Plaintiff and Counter-Defendant.

Ronald Betman, Jack Crowe, Monika Blacha, Winston & Strawn, Chicago, IL, for Defendant and Counter-Plaintiff.

MEMORANDUM OPINION AND ORDER

STEVEN A. FELSENTHAL, Chief Judge.

In this adversary proceeding, Dan B. Lain, the Trustee of the Senior Living Properties L.L.C. (SLP) Trust, requests that the court declare that ZC Specialty Insurance Company (Zurich) was a partner with SLP in the ownership and operation of nursing homes in Illinois and Texas and that, as a partner, Zurich is liable for all of SLP's debts. Zurich responds that it merely provided a surety...

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