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IN RE M & L BUSINESS MACHINE CO., INC.

Nos. 94-1087, 94-1097.

84 F.3d 1330 (1996)

In re M & L BUSINESS MACHINE COMPANY, INC., Debtor. Christine J. JOBIN, Trustee of the Estate of M & L Business Machine Company, Inc., Plaintiff-Appellee/Cross-Appellant, v. Perry S. McKAY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 16, 1996.

Attorney(s) appearing for the Case

Craig A. Weinberg (Andrew C. Littman, with him on the briefs), Stevens, Littman & Biddinson, Boulder, Colorado, for Defendant-Appellant.

Christine J. Jobin (Dana M. Arvin and Charles F. McVay with her on the briefs), The Jobin Law Firm, Denver, Colorado, for Plaintiff-Appellee.

Before KELLY, SETH, and HENRY, Circuit Judges.

Rehearing Denied in No. 94-1087 July 16, 1996.

HENRY, Circuit Judge.

This appeal concerns the investments made by the appellant Perry S. McKay in a pyramid or "Ponzi" scheme run by the debtor in bankruptcy, M & L Business Machine Company, Inc. ("M & L"). The appellee Christine J. Jobin, the bankruptcy trustee for M & L, brought an adversary proceeding against Mr. McKay seeking to recover a total of $43...

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