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IN RE INTEGRATED HEALTH SERVICES, INC.

Bankruptcy No. 00-00389. Adversary No. 02-05193.

358 B.R. 637 (2007)

In re INTEGRATED HEALTH SERVICES, INC., et al., Debtors. FSQ, Inc., f/k/a Five Star Quality Care, Inc., et al., Plaintiffs, v. Integrated Health Services, Inc., et al., Defendants.

United States Bankruptcy Court, D. Delaware.

January 9, 2007.

Attorney(s) appearing for the Case

Jeremy W. Ryan, Mark Minuti, Saul Ewing LLP, Wilmington, DE, Tara L. Lattomus, Eckert Seamans Cherin & Mellot, LLC, Wilmington, DE, for FSQ, Inc.

Alfred Villoch, III, Buchanan Ingersoll PC, Wilmington, DE, Edmon L. Morton, James L. Patton, Joseph M. Barry, Kenneth J. Enos, Robert S. Brady*, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for Integrated Health Services, Inc.

Matthew J. Troy, U.S. Department of Justice, Civil Division, Washington, DC, U.S. Dept. of Health and Human Services.

OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court are cross motions for summary judgment. For the reasons stated below, the Court will deny the motion of FSQ, Inc. ("FSQ") and grant the motion of IHS Liquidating LLC and its related entities (collectively "IHS").

I. BACKGROUND

On February 2, 2000, Integrated Health Services, Inc., IHS Licensees, and CCA of Midwest, Inc. (collectively "the...

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