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IN RE KELLY

Bankruptcy No. 83-01400-BKC-TCB, Adv. No. 83-0840-BKC-TCB-A.

35 B.R. 640 (1983)

In re Herbert & Wilda KELLY, Debtors. RTL HOLDINGS CORP., Plaintiffs, v. Herbert & Wilda KELLY, Defendants.

United States Bankruptcy Court, S.D. Florida.

December 9, 1983.

Attorney(s) appearing for the Case

Curtis Witters, West Palm Beach, Fla., for plaintiffs.

Allen R. Tomlinson, Vero Beach, Fla., for defendants.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The plaintiff/creditor seeks judgment on its claim against the debtors and exception of that claim from discharge under 11 U.S.C. § 523(a)(4). The debtors have answered. The matter was tried on November 29.

Plaintiff is a freight broker for truckers. It employed the debtor/husband in March, 1979 as an agent. There was no written contract of employment...

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