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MATTER OF BARTON

No. 76 B 574.

465 F.Supp. 918 (1979)

In the Matter of Gerald C. BARTON, Individually and d/b/a Sher-Bar Land and Cattle Co. and d/b/a Sher-Bar Land and Cattle, Bankrupt. Ernest GAFNI, Plaintiff-Appellant, v. Gerald C. BARTON, Defendant-Appellee.

United States District Court, S. D. New York.

January 18, 1979.

Attorney(s) appearing for the Case

Samuel Rosenberg, New York City, for plaintiff-appellant.

Ephraim Leibowitz, Krause Hirsch & Gross, New York City, for defendant-appellee.

DECISION

EDELSTEIN, Chief Judge:

This appeal to the District Court from an order of Bankruptcy Judge Howard Schwartzberg involves an attempt by Ernest Gafni, the appellant to bar the discharge of his claim against the bankrupt, appellee Gerald Barton, who seeks dismissal of Gafni's complaint.

FACTS

On October 9, 1973, Gafni entered into a written agreement with Sher-Bar Management Corp., by which he loaned $100,000 to the corporation. Barton...

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