IN RE ERTZ

Civ. No. 80-3067, Bankruptcy No. 379-00039(c), Adv. No. 397-0001.

28 B.R. 1020 (1983)

In re Lyle Robert ERTZ, d/b/a Ertz Trenching, f/d/b/a J & L Furnace Cleaning, Defendant (Debtor). Terry GREGOR, Plaintiff (Creditor) v. Lyle Robert ERTZ, d/b/a Ertz Trenching, f/d/b/a J & L Cleaning, Defendant (Debtor).

United States District Court, D. South Dakota, C.D.

April 6, 1983.


Attorney(s) appearing for the Case

Wally Eklund, Johnson, Eklund & Davis, Gregory, S.D., for plaintiff.

Robert A. Warder, Rapid City, S.D., for defendant.


MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

Creditor Gregor appeals the decision of the United States Bankruptcy Court discharging a judgment debt against debtor Ertz. The judgment was rendered in state court against Ertz for an assault and battery against Gregor in which Gregor sustained bodily injuries. The state court awarded compensatory damages to Gregor but refused his request for exemplary damages...

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