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IN RE 18TH AVE. DEVELOPMENT CORP.

Bankruptcy No. 79-01230 BKC SMW, Adv. No. 80-0378 BKC SMW A.

12 B.R. 10 (1981)

In re 18TH AVENUE DEVELOPMENT CORP., Debtor. William D. SEIDLE, Trustee, Plaintiff, v. James N. TURNER and Cecelia A. Turner, his wife, Defendants.

United States Bankruptcy Court, S.D. Florida.

May 15, 1981.

Attorney(s) appearing for the Case

Verne L. Freeland, Miami, Fla., for plaintiff.

Ira F. Gropper, Asst. U.S. Atty., Miami, Fla., William Smith, U.S. Dept. of Justice, Washington, D.C., for Tax Division.

SIDNEY M. WEAVER, Bankruptcy Judge.

This matter came on before the Court to be heard upon the Amended Complaint filed by the Trustee to recover for unjust enrichment from the Defendants the damages representing the greater value of the home sold by the Debtor to the Defendants "as built" as compared to the home described in the plans and specifications which were part of the sales agreement. During the course of the trial, the Plaintiff's pleadings

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