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IN RE McCORMICK

Bankruptcy No. 86-484, Adv. No. 86-381.

70 B.R. 49 (1987)

In re Donald McCORMICK, Debtor. HOME INSURANCE COMPANY, Plaintiff, v. Donald McCORMICK, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

February 5, 1987.

Attorney(s) appearing for the Case

Thomas P. Lutz, Dickie, McCamey & Chilcote, Pittsburgh, Pa., for plaintiff.

Mark L. Glosser, Lampl, Sable, Makoroff & Libenson, Pittsburgh, Pa., for defendant.

Gary L. Smith, Pittsburgh, Pa., Trustee.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Before the Court is Plaintiff's Motion For Judgment On The Pleadings On Its Complaint, wherein it seeks a finding that the debt owed it is nondischargeable pursuant to 11 U.S.C. § 523(a)(4). We find that Defendant has committed at least a defalcation while acting in a fiduciary capacity, and that judgment on the pleadings should be granted.

FACTS

Plaintiff is an insurance...

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