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IN RE ALBA

Bankruptcy Nos. 89-02970 BKC-SMW, 89-0343 BKC-SMW-A.

105 B.R. 132 (1989)

In re Josephine ALBA, Debtor. Margaret HERKO, Plaintiff, v. Josephine ALBA, Defendant.

United States Bankruptcy Court, S.D. Florida.

September 14, 1989.

Attorney(s) appearing for the Case

William J. McPharlin, P.A., Ft. Lauderdale, Fla., for defendant.

Kenneth L. Minerley, Sherr, Tiballi, Fayne & Schneider, Ft. Lauderdale, Fla., for plaintiff.

Milton Gene Friedman, Ft. Lauderdale, Fla., trustee.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SIDNEY M. WEAVER, Bankruptcy Judge.

THIS CAUSE having come before the Court upon the Complaint of MARGARET HERKO (the "Creditor"), for non-dischargeability of a debt pursuant to 11 U.S.C. Section 523(a)(4) against JOSEPHINE ALBA (the "Debtor") and the Debtor having moved for a dismissal of the action after the Creditor completed the presentation of her case, and the Court having examined the evidence presented, considered...

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