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IN RE LENOX HEALTHCARE, INC.

Bankruptcy No. 01-2288(MFW). Adversary No. 03-54314(MFW).

319 B.R. 819 (2005)

In re LENOX HEALTHCARE, INC., et al., Debtors. Charles M. Golden, Chapter 11 Trustee, Plaintiff, v. The Guardian, Defendant.

United States Bankruptcy Court, D. Delaware.

January 28, 2005.

Attorney(s) appearing for the Case

Noel C. Burnham, Steven Maniloff, Montgomery, McCracken, Walker & Rhoads, LLP, Wilmington, DE, Counsel for The Guardian Life Insurance Company of America.

Allen C. Tucci, Harry J. Giacometti, Smith, Giacometti & Chikowski, LLC, Wilmington, DE, Counsel for the trustee.

MEMORANDUM OPINION 1

MARY F. WALRATH, Chief Judge.

Before the Court is the Motion of The Guardian Life Insurance Company of America ("Guardian") seeking an order dismissing for insufficient service of process the complaint filed against it by the Trustee. The Trustee opposes the Motion. For the following reasons, we will deny the motion.

I. FACTUAL BACKGROUND

On July 10, 2001, Lenox Healthcare...

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