MATTER OF ASHTON

Bankruptcy No. 84-00060E, Adv. No. 84-0083.

51 B.R. 710 (1985)

In the Matter of Thomas J. ASHTON, Jr. and Linda M. Ashton, Ind. and d/b/a the Sports Section, Debtors. STREATOR DIVISION OF LITTON BUSINESS SYSTEMS, INC., Plaintiff, v. Thomas J. ASHTON, Jr. and Linda M. Ashton d/b/a the Sports Section, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

June 24, 1985.


Attorney(s) appearing for the Case

Alan E. Cech and Bernstein & Bernstein, Pittsburgh, Pa., for plaintiff.

Bruce M. Johnson and Bozic, Thomas & Johnson, Meadville, Pa., for defendants.

Robert W. McFate, McFate, McFate, & McFate, Oil City, Pa., trustee.


MEMORANDUM AND ORDER DISMISSING COMPLAINT

WM. B. WASHABAUGH, Jr., Bankruptcy Judge:

This action to determine non-dischargeability of a debt and for judgment therefor must be dismissed because the testimony of the plaintiff at the hearing did not support the allegations of the complaint and because the plaintiff did not meet the burden of proving the defendant's fraud in the face of the testimony of the defendant in denial of the plaintiff's charges and certain...

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