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IN RE REGIONAL DIAGNOSTICS, LLC

Bankruptcy No. 05-15262. Adversary Proceeding No. 06-1957.

372 B.R. 3 (2007)

In re REGIONAL DIAGNOSTICS, LLC., et al., Debtors. Robert A. Morris, Creditors' Trustee of DKRC, LLC, f/k/a Regional Diagnostics, LLC, et al., Plaintiff, v. James V. Zelch, et al., Defendants.

United States Bankruptcy Court, N.D. Ohio, Eastern Division.

June 1, 2007.

Attorney(s) appearing for the Case

Frank R. DeSantis, Thompson Hine LLP, Thomas P. Marotta, Andrew L. Turscak, Jr., Cleveland, OH, John D. Eaton, Paul Steven Singerman, Berger Singerman, P.A., Ft. Lauderdale, FL, Barbra Rachel Parlin, New York, NY, for Defendants.

Michael S. Fox, Fredrick J. Levy, Olshan Grundman Frome Rosenzweig & Wolosky, New York, NY, for Plaintiff.

MEMORANDUM OF OPINION

PAT E. MORGENSTERN-CLARREN, Bankruptcy Judge.

In this action, the chapter 11 creditors' trustee seeks to recover funds from multiple defendants following confirmation of the debtors' plan of reorganization.1 Two sets of defendants bring separate motions to dismiss.2 For the reasons stated below, both motions are denied, and the plaintiff is ordered to amend count I of...

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