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MATTER OF McMILLAN

No. 77-1566.

579 F.2d 289 (1978)

In the Matter of John Smith McMILLAN, John S. McMillan, John McMillan, Bankrupt. (D. C. No. B-75-150 In Bankruptcy) In the Matter of Mary McMILLAN, Bankrupt. (D. C. No. B-75-151 In Bankruptcy) Appeal of FREEDOM FINANCE CO., INC.

United States Court of Appeals, Third Circuit.

Decided June 21, 1978.

Attorney(s) appearing for the Case

John S. Giava, Newark, N. J., for appellant.

Paul C. Gretchyn, Ocean-Monmouth Legal Services, Inc., Toms River, N. J., for appellee.

Before GIBBONS and HUNTER, Circuit Judges and WEBER, District Judge.

Submitted under Third Circuit Rule 12(6) February 13, 1978.

OPINION

WEBER, District Judge.

This case raises the question of whether a bankrupt's creditor has made a prima facie case that his claim is nondischargeable under 11 U.S.C. § 35(a)(2) (Supp.1977)1 by introducing into evidence only the state court record and default judgment grounded in fraud.2

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