IN RE LEMINGTON HOME FOR AGED

No. 10-4456.

659 F.3d 282 (2011)

In re LEMINGTON HOME FOR the AGED. Official Committee of Unsecured Creditors, on Behalf of the Estate of Lemington Home for the Aged, Appellant v. Arthur Baldwin; Linda Cobb; Jerome Bullock; Angela Ford; Joanne Andiorio; J.W. Wallace; Twyla Johnson; Nicole Gaines; William Thompkins; Roy Penner; Melody Causey; James Shealey; Leonard R. Duncan; Renee Frazier; Claudia Allen; Eugene Downing; George Calloway; B.J. Leber; Reverend Ronald Peters.

United States Court of Appeals, Third Circuit.

Filed: September 21, 2011.


Attorney(s) appearing for the Case

Robert S. Bernstein, Esq. , Kirk B. Burkley, Esq. , Nicholas D. Krawec, Esq. , Argued, Krawec Bernstein Law Firm, PC, Pittsburgh, PA, for Appellants.

Mark R. Hamilton, Esq. , Argued, Philip J. Sbrolla, Esq. , Cipriani & Werner, Pittsburgh, PA, Todd M. Raskin, Esq. , Mazanec, Raskin & Ryder, Cleveland, OH, for Appellee Arthur Baldwin.

Suzanne B. Merrick , Thomas, Thomas & Hafer, Pittsburgh, PA, for Appellee James Shealey.

Before: SLOVITER, FUENTES and VANASKIE, Circuit Judges.


OPINION OF THE COURT

VANASKIE, Circuit Judge.

The Committee of Unsecured Creditors ("the Committee") on behalf of the Estate of the Lemington Home for the Aged ("the Home") appeals the District Court's decision to grant summary judgment in favor of defendants, the officers and directors of the Home, on the Committee's breach of fiduciary duty and deepening insolvency claims. The District Court found that summary...

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