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IN RE FOUR SEASONS NURSING CENTERS OF AMERICA, INC.

No. BK-70-1008.

329 F.Supp. 647 (1971)

In the Matter of FOUR SEASONS NURSING CENTERS OF AMERICA, INC., Debtor.

United States District Court, W. D. Oklahoma.

July 14, 1971.

Attorney(s) appearing for the Case

Harold C. Heiss, Gen. Counsel, State of Ohio, Charles S. Rawlings and Richard B. Igo, Asst. Attys. Gen., Columbus, Ohio, for petitioner, State of Ohio.

Grant Guthrie, and Donald Dreyfus, Chicago, Ill., Attys. for Securities and Exchange Comm.

James R. Tolbert, III, Trustee, Loyd Benefield and Robert E. Manchester, Oklahoma City, Okl., Attys. for Four Seasons Nursing Centers of America, Inc., debtor corporation in Bankruptcy Chapter X Reorganization.

Arthur Matthews and Michael R. Klein, Washington, D. C., Attys. for Jack L. Clark, former president of the debtor corporation.

MEMORANDUM OPINION

BOHANON, Chief Judge.

In this reorganization bankruptcy case under Chapter X, the State of Ohio has filed a claim or Petition for Reclamation for the sum of $4,000,000.

The petitioner hereinafter referred to as "Ohio" claims preference right to the sum of $4,000,000 which it alleges is due it because of certain loans made by petitioner to Four Seasons Nursing Centers of America, Inc., the debtor corporation, on March 9, 1970, and...

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