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IN RE NEAL

Bankruptcy No. B-78-00526.

3 B.R. 330 (1980)

In re Gerald B. NEAL, Bankrupt. Aaron C. DICKEY and Marion C. Dickey, Plaintiffs, v. Gerald B. NEAL and Ada B. Neal, Defendants.

United States Bankruptcy Court, D. Utah, Central Division.

March 31, 1980.

Attorney(s) appearing for the Case

Gerald B. Hess, Clearfield, Utah, for defendants.

William G. Marsden, Salt Lake City, Utah, for plaintiffs.

MEMORANDUM DECISION

RALPH R. MABEY, Bankruptcy Judge.

This action, tried to the Court November 27, 1979, seeks a determination that a contractor's loss of funds paid him by a perspective home owner constitutes a nondischargeable obligation on the grounds of false pretenses or false representations and defalcation by a fiduciary. The Court finds no actionable false pretenses, false representations or defalcation by a fiduciary and holds the debt discharged...

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