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IN RE DIABETES AMERICA, INC.

Bankruptcy No. 10-41521. Adversary No. 12-3284.

485 B.R. 340 (2012)

In re DIABETES AMERICA, INC., Debtor(s). H. Malcolm Lovett, Jr., Plaintiff(s), v. Cardinal Health, Inc.; dba Cardinal Health Pharmaceutical Distribution, Defendant(s).

United States Bankruptcy Court, S.D. Texas, Houston Division.

December 21, 2012.

Attorney(s) appearing for the Case

Joshua W. Wolfshohl, Porter Hedges LLP, Houston, TX, for Plaintiff.

Robert D Albergotti, Haynes and Boone, Dallas, TX, for Defendant.

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

Cardinal Health's Motion to Dismiss based on its allegation that the Plan Agent does not have postconfirmation standing is denied. The Plan Agent has postconfirmation standing because the confirmed plan and disclosure statement specifically and unequivocally: (i) retain this cause of action; and, (ii) authorize the Plan Agent to prosecute the cause of action. Moreover, the Plan Agent is not estopped...

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