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IN RE HEATH

Bankruptcy No. 85 J 0748.

60 B.R. 338 (1986)

In re Carl Vernon HEATH, d/b/a Heath Landscaping, and Debra Lee Heath, Debtors. Dennis SELL, Plaintiff, v. Carl HEATH, d/b/a Heath Landscaping, Defendant.

United States Bankruptcy Court, D. Colorado.

May 7, 1986.

Attorney(s) appearing for the Case

Vincent C. Todd, Denver, Colo., for plaintiff.

Mark Saiki, Denver, Colo., for defendant.

ORDER DENYING SUMMARY JUDGMENT

ROLAND J. BRUMBAUGH, Bankruptcy Judge.

THIS MATTER is before the Court on the Plaintiff's Motion for Summary Judgment, in this adversary proceeding against Carl Heath, the Debtor. The Plaintiff's complaint alleges that Heath acted fraudulently by tendering a check to Plaintiff, for services rendered, knowing that these were insufficient funds to cover the check.

In July of 1985, Plaintiff performed design services for...

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