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IN RE HEMINGWAY

No. 83-CV-574.

39 B.R. 619 (1983)

In re Gary W. HEMINGWAY, Debtor. PEOPLE OF the STATE OF NEW YORK, Appellant, v. Gary W. HEMINGWAY, Appellee.

United States District Court, N.D. New York.

September 12, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen., State of N.Y., Albany, N.Y., for appellant; Michael J. Hungerford, Asst. Atty. Gen., Syracuse, N.Y., of counsel.

Frank H. Armani, Syracuse, N.Y., for appellee; James M. Sullivan, Jr., Syracuse, N.Y., of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

This is an appeal from a decision of the Bankruptcy Court, Leon J. Marketos, Bankruptcy Judge, dismissing with prejudice the appellant's complaint to determine the dischargeability of certain debts incurred by appellee Gary W. Hemingway. Judge Marketos held that the State of New York lacked standing to sue and refused to allow the substitution of parties whom it was alleged did not have such standing. The...

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