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MATTER OF STARK

No. 82-3034.

717 F.2d 322 (1983)

In the Matter of Terry Stephen STARK and Debra Jean STARK, Debtors. Terry Stephen STARK and Debra Jean Stark, Plaintiffs-Appellees, v. ST. MARY'S HOSPITAL, Conducted by the Sisters of the Third Order of St. Francis, a Not-For-Profit Corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 28, 1983.

Opinion September 21, 1983.

Attorney(s) appearing for the Case

Darrell E. Statzer, Jr., Monroe, Wilson, Dyar, McDonald & Moss, Decatur, Ill., for defendant-appellant.

John Barr, Whitley, Fuller, Suter, Hopp, Barr & McCarthy, Decatur, Ill., for plaintiffs-appellees.

Before BAUER, POSNER, Circuit Judges, and JAMESON, Senior District Judge.

PER CURIAM.

The sole question presented on this appeal is whether Terry Stephen Stark and Debra Jean Stark (the Starks), appellees, should be allowed to reopen their bankruptcy estate for the purpose of listing an additional creditor, St. Mary's Hospital (the Hospital), appellant, pursuant to 11 U.S.C. § 523(a)(3) and Rule 302(e)(4) of the Bankruptcy Act.

The parties have agreed upon the following statement of the case, pursuant to F.R.A.P. 10(d):

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