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IN RE CAPOBIANCO

Bankruptcy No. 77-454.

73 B.R. 101 (1987)

In re Paul F. CAPOBIANCO, Margaret P. Capobianco, Debtors. John BOYAJIAN, Trustee, Plaintiff, v. KIRSHENBAUM INVESTMENT COMPANY INC., Defendant.

United States Bankruptcy Court, D. Rhode Island.

April 30, 1987.

Attorney(s) appearing for the Case

John Boyajian, Boyajian, Coleman & Harrington, Providence, R.I., Trustee.

Sanford Kirshenbaum, Providence, R.I., for Kirshenbaum Inv. Co. Inc.

Thomas Pitts, Edwards & Angell, Providence, R.I., for Capobianco.

DECISION ON THE TRUSTEE'S MOTION FOR PARTIAL SUMMARY JUDGMENT

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on the trustee's motion for summary judgment pursuant to Fed.R.Civ.P. 56 on Count IV of his complaint. The complaint seeks, inter alia: (1) a declaration that the promissory note and the mortgage deed securing it entered into by the debtors and Kirshenbaum Investment Company, Inc. is void under the Rhode Island Secondary Mortgage Loans Act...

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