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MILLER v. BUSCAGLIA

No. CIV-85-598E.

76 B.R. 48 (1987)

Robert W. MILLER, Geraldine C. Miller, Plaintiffs, v. Fred J. BUSCAGLIA, Commissioner of Social Services, Erie County Department of Social Services, Defendant.

United States District Court, W.D. New York.

April 17, 1987.

Attorney(s) appearing for the Case

Diane S. Hinman, Buffalo, N.Y., for plaintiffs.

Peter S. Aiello, Buffalo, N.Y., for defendant.

MEMORANDUM and ORDER

ELFVIN, District Judge.

The plaintiffs challenge the March 22, 1985 Order of Bankruptcy Judge Beryl E. McGuire which denied a motion seeking to have the defendant found in contempt of the automatic stay provisions of 11 U.S.C. § 362(a). The essential facts, aptly summarized by Judge McGuire, are not in dispute.1 The defendant had obtained an order from New York's Family Court against Robert W. Miller...

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