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IN RE LIVINGSTON

Bankruptcy No. 83-02337-G, Adv. No. 83-1694, 84-CV-1473-DT.

40 B.R. 1018 (1984)

In re Paul F. LIVINGSTON, d/b/a Livingston Associates, Debtor. Paul F. LIVINGSTON, d/b/a Livingston Associates and Rose Livingston, his wife, jointly and severally, Plaintiff-Appellant, v. ZURICH INSURANCE COMPANY, Republic of Switzerland Corporation, Defendant-Appellee.

United States District Court, E.D. Michigan, S.D.

July 30, 1984.

Attorney(s) appearing for the Case

George Burnard, Merritt, Kwetcher & Burnard, Troy, Mich., for plaintiff-appellant.

Daniel E. Patt, Harnish & Patt, Southfield, Mich., for defendant-appellee.

MEMORANDUM OPINION

JOHN FEIKENS, Chief Judge.

Debtor, Paul Livingston, brings this appeal from a judgment entered on March 19, 1984, in favor of Zurich Insurance Company. Appellant challenges Judge Graves' finding that he committed a defalcation under 11 U.S.C. § 523(a)(4). For reasons stated herein, the decision of the Bankruptcy Court is affirmed.

I. BACKGROUND

Appellant, Paul Livingston, was a licensed insurance agent for a number...

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