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IN RE KESSEL

Bankruptcy No. 88 B 17602 A, Adv. No. 89 J 0218.

108 B.R. 281 (1989)

In re Gerald Erwin KESSEL and Gail Elizabeth Kessel, Debtors. Gail E. KESSEL, Plaintiff, v. GUARANTY BANK & TRUST, Defendant, v. Gerald E. KESSEL, Third-Party Defendant.

United States Bankruptcy Court, D. Colorado.

December 4, 1989.

Attorney(s) appearing for the Case

James H. Hahn, Gelt, Fleishman & Sterling, P.C., Denver, Colo., for plaintiff and third-party defendant.

Garry R. Appel, Rothgerber, Appel, Powers & Johnson, Denver, Colo., for defendant.

ORDER

ROLAND J. BRUMBAUGH, Bankruptcy Judge.

THIS MATTER comes before the Court upon Cross Motions for Summary Judgment filed the Plaintiff and the Defendant. Both Plaintiff and Defendant assert that there are no genuine issues of material fact in dispute and that summary judgment is appropriate.

The facts, as shown by the pleadings and the submissions with the Motions, are as follows.

1. Gerald...

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