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IN RE LEXINGTON HEALTHCARE GROUP, INC.

Bankruptcy No. 03-11007(MFW). Adversary No. 05-51753.

339 B.R. 570 (2006)

In re LEXINGTON HEALTHCARE GROUP, INC. and Lexington Highgreen Holding, Inc., Debtors. Alfred Thomas Giuliano, Chapter 7 Trustee, Plaintiff, v. U.S. Nursing Corporation, Defendant.

United States Bankruptcy Court, D. Delaware.

February 2, 2006.

Attorney(s) appearing for the Case

Joseph C. Handlon, Esquire, Ashby & Geddes, Wilmington, DE, Peter A. Cal, Esquire, Sherman & Howard L.L.C., Denver, CO, for U.S. Nursing Corporation.

Kenneth E. Aaron, Esquire, Weir & Partners, LLP, Wilmington, DE, for the Chapter 7 Trustee.

MEMORANDUM OPINION

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion to Dismiss the above adversary proceeding filed by U.S. Nursing Corporation ("USNC"). The Motion is opposed by Alfred Giuliano, the chapter 7 trustee (the "Trustee"). For the reasons stated below, the Court will grant the Motion in part.

I. BACKGROUND

On April 2, 2003, the Debtors filed petitions for relief...

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