Zucker v. Wesbanco Bank, Inc. (In re Fairmont General Hospital, Inc.)

MEMORANDUM OPINION

Patrick M. Flatley, United Stated Bankruptcy Judge

Clifford Zucker, in his capacity as Debt- or Representative and Liquidating Trustee *661(the “Liquidating Trustee”), and UMB Bank, N.A., in its capacity as successor trustee with respect to the 2007 bonds (collectively, with the Liquidating Trustee, the “Plaintiffs”) seek summary judgment on Counts I and II raised in its First Amended Complaint (“Complaint”) against Marion County Commission (the “Defendant”). Specifically, the Plaintiffs request the comet enter summary judgment in their favor as to Count I because there are no…