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IN RE CORAM RESOURCE NETWORK, INC.

Bankruptcy No. 99-2889 (MFW), Adversary No. 01-8483.

305 B.R. 386 (2004)

In re CORAM RESOURCE NETWORK, INC. and Coram Independent Practice Association Inc., Debtors. The Official Committee of Unsecured Creditors, individually and assignee of the claims of Coram Resource Network, Inc., and Coram Independent Practice Association, Inc., Plaintiffs, v. Young's Medical Equipment, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

January 15, 2004.

Attorney(s) appearing for the Case

Michael D. Debaecke, Jason Staib, Blank Rome Comisky & McCauley LLP, Wilmington, DE.

Charlene D. Davis, Deidre M. Richards, Anthony M. Saccullo, Christopher A. Ward, The Bayard Firm, Edmon L. Morton, Edwin J. Harron, James L. Patton, Matthew B. McGuire, Young, Conaway, Stargatt & Taylor, Elio Battista, Jr., Blank Rome LLP, Steven T. Davis, Obermayer, Rebmann, Maxwell & Hippel LLP, Wilmington, DE, Kevin Michael Profit, Hamilton, Gaskins, Gay & Moon, PLLC, Charlotte, NC, for debtor.

Gregory M. Werkheiser, Morris, Nichols, Arsht & Tunnell, William K. Harrington, Wilmington, DE, for defendants.

Kenneth E. Aaron, Weir & Partners LLP, trustee.

Opinion1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion filed by Thomas Young ("Young") to dismiss the complaint filed by the Official Committee of Unsecured Creditors' ("the Committee") against Young's Medical Equipment, Inc. ("YME"). For the reasons set below, the Motion to Dismiss will be denied.

I. BACKGROUND

On August 19, 1999, Coram Resource Network, Inc., and Coram...

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