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IN RE KENTUCKIANA MEDICAL CENTER LLC

Bankruptcy No. 10-93039-BHL-11. Adversary No. 10-59080.

455 B.R. 694 (2011)

In re KENTUCKIANA MEDICAL CENTER LLC, Debtor. Kentuckiana Medical Center LLC, First Tennessee Bank, N.A., Plaintiffs, v. The Leasing Group Pool II, LLC, Defendant.

United States Bankruptcy Court, S.D. Indiana, New Albany Division.

May 6, 2011.

Attorney(s) appearing for the Case

Charity B. Neukomm , David M. Cantor , Neil C. Bordy , Tyler R. Yeager , Seiller Waterman LLC, Louisville, KY, for Debtor and Plaintiffs.

Elizabeth Alphin , Mapother & Mapother, Louisville, KY, for Defendant.

ORDER ON MOTION FOR SUMMARY JUDGMENT

BASIL H. LORCH III, Bankruptcy Judge.

This adversary proceeding was initiated by the filing of a Complaint for Declaratory Relief on April 1, 2011, wherein the Plaintiff, Kentuckiana Medical Center LLC ["KMC"] seeks to declare that three leases ["Leases"] that KMC executed and delivered to the Defendant, The Leasing Group Pool II, LLC ["Leasing Group"] are not true leases but rather are disguised security agreements....

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