UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF NEW YORK

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In re : Chapter 11

Magellan Health Services, INC., et al, : Case No. 03-40515

Debtor. :
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Robert M. Davidson and Vanessa E. Komar, :

Plaintiffs, : Adv. Pro. No. 04-02934

-against- :

Magellan Health Services, Inc., et al, :

Defendants. :
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ORDER DISMISSING ADVERSARY PROCEEDING

WHEREAS, the above named debtors filed petitions under chapter 11 of the

Bankruptcy Code on March 11, 2003; and

WHEREAS, the above named plaintiffs filed a proof of claim on June 26, 2003(the

“Claim”); and

WHEREAS, the Debtors’ third amended joint plan of reorganization was confirmed

on October 8, 2003; and

WHEREAS, a stipulation and agreement withdrawing the Claim was so ordered on

December 12, 2003; and

WHEREAS, this adversary proceeding was filed on March 29, 2004 alleging, inter

alia, that confirmation of the Chapter 11 plan had been procured by fraud and requesting that the

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Court revoke the discharge, annul the automatic stay and annul the permanent injunction

contained in the order of confirmation; and

WHEREAS, thereafter on May 26, 2004 the plaintiffs were held to be in contempt of

the injunctive provisions of the Chapter 11 plan and order of confirmation as well as the

stipulation of December 12, 2003; and

WHEREAS, an order was signed on July 13, 2004 granting a further order of

contempt against the plaintiffs; and

WHEREAS, the plaintiffs filed a notice of appeal from the July 13th Order; and

WHEREAS, that appeal was never perfected; and

WHEREAS, this Court finds that dismissal of this case is appropriate under the facts

and circumstance, it is now therefore, for good and sufficient reason

ORDERED, that this adversary proceeding be, and hereby is, dismissed.

Dated: New York, New York

April 27, 2009

__/s/ Prudence Carter Beatty__

United States Bankruptcy Judge