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IN RE LOTTO

Bankruptcy No. 81-01703, Adv. No. 81-0944.

21 B.R. 767 (1982)

In re Michael Joseph LOTTO a/k/a Mike J. Lotto, a/k/a Mike Lotto, d/b/a Lotto Homes Diane Mary Lotto a/k/a Diane Lotto, Debtors. Randy M. VINE and Michelle J. Vine, Plaintiffs, v. Michael Joseph LOTTO a/k/a Mike J. Lotto, a/k/a Mike Lotto d/b/a Lotto Homes Diane Mary Lotto a/k/a Diane Lotto, Defendants.

United States Bankruptcy Court, E.D. Wis.

June 28, 1982.

Attorney(s) appearing for the Case

James R. Sickel, Bittner, Hinkfuss & Sickel, Green Bay, Wis., for plaintiffs.

Thomas W. Roznowski, Condon, Hanaway, Wickert & Fenwick, Ltd., Green Bay, Wis., for defendant.

DECISION

D.E. IHLENFELDT, Bankruptcy Judge.

Plaintiffs have asked the court to declare their claim against the debtor in the amount of $8000 to be nondischargeable, pursuant to § 523(a)(4) of the Bankruptcy Code.1 Trial was held on December 3, 1981,2 and extensive briefs have been filed by the parties. The issue involves an interpretation of Wis.Stats. s. 779.02(5), the Wisconsin "Theft by Contractor...

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