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MATTER OF RUBINO

Bankruptcy No. 80-00571, Adv. No. 81-0063.

52 B.R. 24 (1985)

In the Matter of Gregory J. RUBINO d/b/a Security Auto Sales, Debtor. Nevin L. WINTRODE and Marilyn C. Wintrode, Plaintiffs, v. Gregory J. RUBINO d/b/a Security Auto Sales and James K. McNamara, Esq., Trustee, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

July 10, 1985.

Attorney(s) appearing for the Case

Lawrence C. Bolla, and Quinn, Gent, Buseck & Leemhuis, Inc., Erie, Pa., for plaintiffs.

Robert G. Dwyer, and Knox, Graham, McLaughlin, Gornall & Sennett, Inc., Erie, Pa., for debtor.

James K. McNamara, Erie, Pa., pro se for trustee.

MEMORANDUM AND ORDER DISMISSING COMPLAINT DETERMINING OBLIGATION NON-DISCHARGEABLE

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

The plaintiffs Nevin L. Wintrode and his wife purchased a 1974 Mercedes-Benz from the defendant-debtor for which they paid the purchase price of $8,000.00 by check. The plaintiff cancelled the purchase for no stated reason four days later and on asking for the return of his check was told that the plaintiff had cashed it and would endeavor...

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