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IN RE METTETAL

Bankruptcy No. 3-82-01478, Adv. Nos. 3-83-0162, 3-83-0164.

41 B.R. 80 (1984)

In re Jerome Thomas METTETAL, Ann Thomas Mettetal, Debtors. John M. WILSON and David M. Wilson, Plaintiffs, v. Jerome Thomas METTETAL, Defendant. The PATY COMPANY, Plaintiff, v. Jerome Thomas METTETAL, Defendant.

United States Bankruptcy Court, D. Tennessee.

May 18, 1984.

Attorney(s) appearing for the Case

Earl R. Booze, Johnson City, Tenn., for plaintiffs, John M. Wilson and David M. Wilson.

O. Taylor Pickard, Jr., Kingsport, Tenn., for plaintiff, The Paty Co.

John H. Fowler, Knoxville, Tenn., for debtors, Jerome Thomas Mettetal and Ann Thomas Mettetal.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue is whether the debtor, Jerome Thomas Mettetal, a general contractor, owes to either the property owner with whom he contracted for construction of a building or to a supplier of materials on the project nondischargeable debts arising out of false pretenses, false representations, or actual fraud, 11 U.S.C.A. § 523(a)(2)(A) (1979), fraud or defalcation while acting in a fiduciary capacity, or embezzlement...

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