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IN RE LEMINGTON HOME FOR THE AGED

No. 13-2707.

777 F.3d 620 (2015)

In re LEMINGTON HOME FOR the AGED. Official Committee of Unsecured Creditors, On Behalf of the Estate of Lemington Home for the Aged 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; Eugene Downing; George Calloway; B.J. Leber; Reverend Ronald Peters, Appellants.

United States Court of Appeals, Third Circuit.

Filed: January 26, 2015.

Attorney(s) appearing for the Case

Michael J. Bowe, Esq. , [ARGUED], Jennifer S. Recine, Esq. , Kasowitz, Benson, Torres & Friedman, New York, NY, John R. Gotaskie, Jr., Esq. , Fox Rothschild , Pittsburgh, PA, Mark R. Hamilton, Esq. , Rebecca S. Izsak, Esq. , Philip J. Sbrolla, Esq. , Cipriani & Werner, Pittsburgh, PA, Counsel for Appellants.

Robert S. Bernstein, Esq. , Kirk B. Burkley, Esq. , Nicholas D. Krawec, Esq. , [ARGUED], Shawn P. McClure, Esq. , Arthur W. Zamosky, Esq. , Bernstein-Burkley, Pittsburgh, PA, Counsel for Appellee.

Before: SMITH, VANASKIE, and SHWARTZ, Circuit Judges.

OPINION OF THE COURT

This lawsuit, which concerns the mismanagement of a Pittsburgh-area nursing home and its ensuing bankruptcy, comes before the Court for a third time on appeal. In the present appeal, the Defendants, two former Officers and fourteen former Directors of the nursing home, present several challenges...

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