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NATIONAL WESTMINSTER BANK USA v. CENTURY HEALTHCARE

No. 94 Civ. 3600 (MP).

885 F.Supp. 601 (1995)

NATIONAL WESTMINSTER BANK USA, Plaintiff, v. CENTURY HEALTHCARE CORPORATION, Century Healthcare of Arizona, Inc., Century Healthcare of California, Inc., Century Healthcare of Colorado, Inc., Century Healthcare Development Corporation, Century Healthcare of Missouri, Inc., Century Healthcare of Texas, Inc., and Dillon Family and Youth Services, Inc., Defendants.

United States District Court, S.D. New York.

May 9, 1995.

Attorney(s) appearing for the Case

Brian M. Cogan, Stroock & Stroock & Lavan, New York City, for plaintiff/counter-defendant.

Stephen E. Powers, Ober Kaler Grimes & Shriver, New York City, for defendants/ counterclaimants.

DECISION

MILTON POLLACK, Senior District Judge.

OPINION and FINDINGS (in part)

NatWest loaned Century approximately $30 Million. The loans are in default. Century seeks to avoid repayment of and to invalidate the loan on a claim of lender liability by reason of alleged domination and control exercised by the bank over the debtor during the course of the loans, making it "a mere instrumentality...

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