Suncrest Healthcare v. Omega Healthcare

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: RAINTREE HEALTHCARE 

CORP.,

Debtor.

No. 03-17195

SUNCREST HEALTHCARE CENTER

LLC,  D.C. No.

CV-03-00238-ROS

Appellee,

OPINION

v.

OMEGA HEALTHCARE INVESTORS,

INC.,

Appellant.  Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding

Argued and Submitted September 12, 2005—San Francisco, California

Filed December 14, 2005

Before: Betty B. Fletcher, John R. Gibson,* and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Gibson

*The Honorable John R. Gibson, Senior Circuit Judge, United States Court of Appeals for the Eighth Circuit, sitting by designation.

16349 16352 IN RE: RAINTREE HEALTHCARE CORP.

COUNSEL

Jared G. Parker, John C. Hendricks, and Sarah L. Barnes, Stinson Morrison Hecker L.L.P., Phoenix, Arizona, for the appellant.

Scott F. Gibson, Gibson, Ferrin, & Riggs, PLC, Mesa, Ari- zona, for the appellee.

OPINION

GIBSON, Senior Circuit Judge:

Omega Healthcare Investors appeals the district court’s judgment in favor of Suncrest Healthcare Center. The…