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MATTER OF LOMBARD

No. 82-1247.

739 F.2d 499 (1984)

In The Matter of Russell Joseph LOMBARD, Bankrupt. Russell Joseph LOMBARD, Plaintiff-Appellee, v. S. Arthur AXTENS or The Estate of S. Arthur Axtens, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 16, 1984.

Attorney(s) appearing for the Case

Carl A. Eklund, Smart, DeFurio, Brooks & Eklund, Denver, Colo., for plaintiff-appellee.

Eugene F. Costello, Eugene F. Costello, P.C., Denver, Colo., for defendant-appellant.

Before DOYLE, Circuit Judge, SEYMOUR, Circuit Judge, and SAFFELS, District Judge.

SAFFELS, District Judge.

Submitted on the briefs:

S. Arthur Axtens, or The Estate of S. Arthur Axtens [hereinafter Axtens], appeal from the January 26, 1982, opinion of the United States District Court of Colorado, which affirmed a January 12, 1981, order of the bankruptcy court in which summary judgment was granted Russell Joseph Lombard on his complaint for declaratory judgment. For the reasons stated below, we affirm.

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