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IN RE GREATER SOUTHEAST COMMUNITY HOSP. CORP I

Bankruptcy No. 02-02250. Adversary No. 04-10366.

365 B.R. 322 (2007)

In re GREATER SOUTHEAST COMMUNITY HOSPITAL CORP. I, et al., Debtors. Sam J. Alberts, Trustee for the DCHC Liquidating Trust, Plaintiff, v. HCA Inc., et al., Defendants.

United States Bankruptcy Court, District of Columbia.

January 18, 2007.

Attorney(s) appearing for the Case

Lucius B. Lau, Jeffrey E. Schnmitt, White & Case, LLP, Washington, DC, for plaintiff.

Andrew M. Troop, Weil, Gotshal & Manges LLP, Christopher R. Mirick, Weil, Gotshal & Manges, LLP, Boston, MA, Cleveland Lawrence, III, Holly E. Loiseau, Peter D. Isakoff, Weil, Gotshal & Manges LLP, David Fisher, Assistant Attorney General, Tax, Bankruptcy and Finance Section, Joseph R. Damato, Seyfarth Shaw, Jeffrey W. Kilduff, O'Melveny & Myers LLP, Sam J. Alberts, White & Case LLP, Washington, DC, Deryck A. Palmer, New York, NY, Ted A. Berkowitz, Farrell Fritz, PC, Uniondale, NY, for Debtors.

SUPPLEMENTAL MEMORANDUM DECISION REGARDING DEFENDANT WESTERN PLAINS CAPITAL INC.'S MOTION FOR SUMMARY JUDGMENT

S. MARTIN TEEL, JR., Bankruptcy Judge.

Western Plains Capital Inc. ("Western"), one of three defendants (the "Defendants") in this adversary proceeding commenced by the plaintiff Sam J. Alberts, trustee for the DCHC Liquidating Trust (the "Trust"), seeks summary judgment with respect to all counts alleged against it in the Third Amended Complaint...

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