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IN RE LEMINGTON HOME FOR AGED

No. 10-4456.

In re: LEMINGTON HOME FOR THE AGED. OFFICIAL COMMITTEE OF UNSECURED CREDITORS, ON BEHALF OF THE ESTATE OF LEMINGTON HOME FOR THE AGED, Appellant, v. ARTHUR BALDWIN; LINDA COBB; JEROME BULLOCK; ANGELA FORD; JOANNE ANDIORIO; J.W. WALLACE; TWYLA JOHNSON; NICOLE GAINES; WILLIAM THOMPKINS; ROY PENNER; MELODY CAUSEY; JAMES SHEALEY; LEONARD R. DUNCAN; RENEE FRAZIER; CLAUDIA ALLEN; EUGENE DOWNING; GEORGE CALLOWAY; B. J. LEBER; REVEREND RONALD PETERS.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 21, 2011.

October 20, 2011.

Attorney(s) appearing for the Case

Robert S. Bernstein, Esq. , Kirk B. Burkley, Esq. , Nicholas D. Krawec, Esq. Argued, Krawec Bernstein Law Firm, PC, 707 Grant Street, Suite 2200, Gulf Tower, Pittsburgh, PA 15219-0000, Counsel for Appellants.

Mark R. Hamilton, Esq. Argued Philip J. Sbrolla, Esq. , Cipriani & Werner, 650 Washington Road, Suite 700, Pittsburgh, PA 15228,

Todd M. Raskin, Esq. , Mazanec, Raskin & Ryder, 100 Franklin's Row, 34305 Solon Road, Cleveland, OH 44139, Counsel for Appellee Arthur Baldwin.

Suzanne B. Merrick , Thomas, Thomas & Hafer, 301 Grant Street, One Oxford Centre, Suite 1150, Pittsburgh, PA 15219-0000, Counsel for Appellee James Shealey.

Before: SLOVITER, FUENTES and VANASKIE, Circuit Judges.

ORDER AMENDING OPINION

VANASKIE, Circuit Judge.

IT IS NOW ORDERED the above captioned case be amended as follows:

Footnote 5 shall now read:

The District Court erroneously held that the presumption of the business judgment rule is overcome only by evidence of gross negligence. The District Court cited a Delaware Supreme Court case which held that "under the business judgment rule director liability is predicated upon concepts of gross negligence...

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