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IN RE McLELLAN

Bankruptcy No. 84-02176-BKC-TCB, Adv. No. 85-0181-BKC-TCB-A.

49 B.R. 740 (1985)

In re Osborne Norfleet McLELLAN, Jr., Debtor. MERRILL LYNCH, PIERCE FENNER & SMITH, INC., Plaintiff, v. Osborne Norfleet McLELLAN, Jr., Defendant.

United States Bankruptcy Court, S.D. Florida.

April 24, 1985.

Attorney(s) appearing for the Case

O'Bannon M. Cook, Miami, Fla., for plaintiff.

George C. Vogelsang, Miami, Fla., for debtor/defendant.

Robert Roth, Miami, Fla., Trustee.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The debtor's former employer seeks exception from discharge under 11 U.S.C. § 523(a)(2)(A) for its claim in the amount of $88,733. The debtor has answered and the matter was tried on March 21.

Although the record is voluminous, the facts are almost completely undisputed and relatively simple. The debtor was employed by the plaintiff brokerage firm as an account executive on January 1,...

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