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IN RE McGINNIS

No. 76-2000.

586 F.2d 162 (1978)

In re Billy F. McGINNIS, Bankrupt. BANK OF MEEKER, Plaintiff-Appellant, v. Billy F. McGINNIS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided November 1, 1978.

Attorney(s) appearing for the Case

Kienzle, Jay, Clifton, Shallcross & Womack, Prague, Okl., for plaintiff-appellant.

Richard James, Stroud, Okl., for defendant-appellee.

Before SETH, Chief Judge, and DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

This case involves an attempt by the Bank of Meeker (Bank) to avoid the discharge in bankruptcy of a debt owed to it by Billy Fred McGinnis (McGinnis). The Bank seeks refuge under 11 U.S.C. § 35 (1976), which excepts from discharge any liabilities for willful and malicious conversion. The Bankruptcy Court concluded that there had been no willful and malicious conversion and that the debt should...

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