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IN RE KING MEMORIAL HOSP., INC.

Bankruptcy No. 79-01220-BKC-SMW, Adv. No. 84-0284-BKC-SMW-A.

42 B.R. 942 (1984)

In re KING MEMORIAL HOSPITAL, INC. and Florida Hospital Group, Inc., Debtors. HIALEAH HOSPITAL, INC., Plaintiff, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, State of Florida, Robert A. Schatzman and Justin P. Havee Co-Trustees of King Memorial Hospital, Inc., and Florida Hospital Group, Inc., Miami Capital Development, Inc., and Republic Health Corporation, Defendants.

United States Bankruptcy Court, S.D. Florida.

October 3, 1984.

Attorney(s) appearing for the Case

Byron B. Mathews, Jr., McDermott, Will & Emery, Tallahassee, Fla., for Hialeah Hosp., Inc.

John Flowers, Locke, Purnell, Boren, Laney & Neely, Dallas, Tex., for Republic Health Corp.

Gary C. Matzner, Hayt, Hayt & Landau, Miami, Fla., for co-trustees.

Robert A. Schatzman, Schatzman & Schatzman, Coral Gables, Fla., Co-Trustee.

James M. Barclay, Tallahassee, Fla., for Dept. of Health and Rehabilitative Services.

J. Michael Fitzgerald, Wood, Lucksinger & Epstein, Miami, Fla., Counsel to Republic Health Corp.

Ronald J. Cohen, Paul, Landy, Beiley & Harper, P.A., Miami, Fla., for Miami Capital.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SIDNEY M. WEAVER, Bankruptcy Judge.

Plaintiff, Hialeah Hospital, Inc. ("Hialeah"), is a Florida not-for-profit corporation which owns and operates a 411-bed acute care hospital located in Hialeah, Dade County, Florida. Defendants, Robert A. Schatzman and Justin P. Havee, Co-Trustees of King Memorial Hospital ("Co-Trustees"), are the duly qualified and acting Co-Trustees of...

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