Alberts, Trustee v. Galen Hospital Illinois, Inc. et al

1:04-ap-10366DcbMar 9, 2007

Full text

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
GREATER SOUTHEAST COMMUNITY
HOSPITAL CORP., I, et al.,
Debtors.
____________________________
SAM J. ALBERTS, TRUSTEE FOR
THE DCHC LIQUIDATING TRUST,
Plaintiff,
v.
HCA INC. AND GALEN HOSPITAL
ILLINOIS, INC.,
Defendants.
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Case No. 02-02250
(Chapter 11)
(Jointly Administered)
Adversary Proceeding No.
04-10366
ORDER AMENDING MEMORANDUM DECISION REGARDING MOTION FOR
PARTIAL SUMMARY JUDGMENT AND CROSS-MOTION FOR SUMMARY JUDGMENT
It appearing to the court that the reference to “§ 2602 of
the Internal Revenue Code” in footnote 24 of the court’s
Memorandum Decision Regarding Motion for Partial Summary Judgment
and Cross-Motion for Summary Judgment (D.E. No. 328, entered
December 6, 2006) is in error, and that the court’s intended
The order below is hereby signed.
Signed: March 08, 2007.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 04-10366 Doc 509 Filed 03/09/07 Entered 03/09/07 10:22:17 Desc Main
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2	O:\Andrew Fausett Temp Docs\Decisions with Related Orders\Alberts v. HCA, Inc. (In re Greater Southeast Cmty. Hosp. Corp. I)\order_amend_summary judgment_Alberts v. HCA.wpd
reference was to 26 U.S.C. § 6502, it is
ORDERED that footnote 24 of the Memorandum Decision
Regarding Motion for Partial Summary Judgment and Cross-Motion
for Summary Judgment (D.E. No. 328) is amended to state as
follows:
The court recognizes that the doctrine of
equitable tolling does not apply to actions
brought under the IUFTA because that statute
contains a statute of repose, see n.15,
supra, but the statute in question here is
§ 6502 of the Internal Revenue Code, not § 10
of the IUFTA.
It is further
ORDERED that the clerk of the court post the Memorandum
Decision Regarding Motion for Partial Summary Judgment and Cross-
Motion for Summary Judgment (D.E. No. 328) as amended by this
order for review by the public.
[Signed and dated above.]
Copies to: All counsel of record.
Case 04-10366 Doc 509 Filed 03/09/07 Entered 03/09/07 10:22:17 Desc Main
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