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16-583 - In re NIGHTINGALE HOME HEALTHCARE, INC.


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16-583 - In re NIGHTINGALE HOME HEALTHCARE, INC.
September 16, 2016
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n favor of Appellants shall issue accordingly. (See Order.) Signed by Judge Larry J. McKinney on 9/16/2016. (GSO)ORDER - For the reasons outlined in the Bayou Shores opinion, in a case substantially the same as the one before this Court, the Court now REVERSES the opinion of the Bankruptcy Court because it erred as a matter of law in taking jurisdiction of the injunction request. Further, the Court today also denies Appellee's 27 request that this Court dismiss the pending appeal on the basis of mootness. As argued by Appellants, and as recognized in the Bayou Shores case, which addressed the same mootness issue, the dispute between the parties is not moot. The holding today allows Appellants to attempt to recover payments made to Appellee while the Bankruptcy Court's injunction was in effect. Thus, there is still a controversy. Judgment i