IN RE FORT WORTH OSTEOPATHIC HOSP., INC.

Bankruptcy Nos. 05-41513-DML-7, 05-41503-DML-7. Adversary No. 07-04075-DML.

387 B.R. 706 (2008)

In re FORT WORTH OSTEOPATHIC HOSPITAL, INC., d/b/a Osteopathic Medical Center of Texas, and Health Care of Texas, Inc., d/b/a Osteopathic Health System of Texas, Debtors. Texas Attorney General, as Protector for Public Interest in Charity, Plaintiff, v. Shawn K. Brown, in his Capacity as Chapter 7 Trustee and Representative of the Bankruptcy Estates of Health Care of Texas, Inc., d/b/a Osteopathic Health System of Texas, and Fort Worth Osteopathic Hospital, Inc., d/b/a Osteopathic Medical Center of Texas, et al., Defendants. Shawn K. Brown, in his Capacity as, Chapter 7 Trustee and Representative of The Bankruptcy Estates of Health Care of Texas, Inc., d/b/a Osteopathic Health System of Texas, and Fortget; Worth Osteopathic Hospital, Inc., d/b/a Osteopathic Medical Center of Texas, et al., Cross-Claim Plaintiffs, v. Executive Risk Indemnity, Inc. and National Union Fire Insurance Company of Pittsburgh, PA, Cross-Claim Defendants. Jay G. Beckwith, D.O., David M.s Beyer, D.O., John Allen Chalk, Esq., Windfred T. Colbert, Esq., Barton E. Head, CPA, William M. Jordan, D.O., Randall L. Kressler, Esq., Gibson D. Lewis, Harris F. "Sam" Pearson, D.O., Jane E. Schlansker, Irwin Schussler, D.O., Joseph C. Valentine, Jr., William Wallace, D.O., and Estate of David Ivory, Cross-Claim Plaintiffs, v. Executive Risk Indemnity, Inc. and National Union Fire Insurance Company of Pittsburgh, PA, Cross-Claim Defendants.

United States Bankruptcy Court, N.D. Texas, Fort Worth Division.

April 30, 2008.


Attorney(s) appearing for the Case

Abigail R. Ryan, Hal F. Morris, Office of the Texas Attorney General, Austin, TX, for Plaintiff.

Arthur A. Stewart, Underwood, Perkins & Ralston, P.C., Dallas, TX, Robert A. Simon, Barlow Garsek, # Simon, LLP, Susan Elaine Baird, Cotten Schmidt, L.L.P., James Clark Gordon, Winstead, Sechrest & Minick, Mark W. Stout, Padfield & Stout, L.L.P., J. Robert Forshey, Forshey & Prostok, LLP, Douglas R. Hudman, Law Offices of Douglas R. Hudman, Fort Worth, TX, Howard R. King, Hill, Finkel & King, L.L.P., Houston, TX, Andrew F. McBride, III, Kalison, McBride, Jackson and Murphy, Warren, NJ, Behrooz P. Vida, The Vida Law Firm, PLLC, Bedford, TX, for Defendants.

Bruce W. McGee, Whitaker, Chalk, Swindle & Sawyer, LLP, Fort Worth, TX, for Cross-Ciaim Plaintiffs.

Amy E. Stewart, Wilson Elser Moskowitz Edelman & Dicker, Kristian W. Gluck, Louis R. Strubeck, Jr., Fulbright & Jaworski, L.L.P., Dallas, TX, for Defendants and Cross-Claim Defendants.

Edwin Paul Keiffer, Wright Ginsberg Brusilow, PC, Dallas, TX, John Allen Chalk, Sr., Whitaker, Chalk, Swindle and Sawyer, LLP, Fort Worth, TX, for Defendants and Cross-Claim Plaintiffs.

Yolanda Cervantes, pro se.

Mark S. Barrow, pro se.

Carolyn Ashford, pro se.

William E. Ford, III, pro se.


MEMORANDUM OPINION

DENNIS MICHAEL LYNN, Bankruptcy Judge.

Before the court are summary judgment motions filed by Plaintiff Attorney General of Texas (the "AG" and the "AG Motion"), Defendant Shawn Brown in his capacity as chapter 7 trustee of the captioned debtors (the "Trustee" and the "Trustee Motion") and Defendants Executive Risk Indemnity, Inc. ("ERI") and National Union Fire Insurance Company of Pittsburgh ("NUIC," and, together with ERI, the...

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