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IN RE BAIRD

BAP No. AZ-89-1492-PRMe, Bankruptcy No. 87-02040-TUC-LO, Adv. No. 87-0284.

114 B.R. 198 (1990)

In Re David BAIRD, Debtor. WOODWORKING ENTERPRISES, INC., Appellant, v. David BAIRD, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 22, 1990.

Attorney(s) appearing for the Case

Karl Macomber, Tucson, Az., for appellant, Woodworking Enterprises, Inc.

Stanley J. Kartchner, Tuscon, Az., for appellee, David Baird.

Before PERRIS, RUSSELL and MEYERS, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge:

The plaintiff filed an adversary proceeding to except from discharge under section 523(a)(4) a debt incurred through the debtor/defendant's purported breach of trust as a construction contractor with regard to funds allegedly held in a statutory trust for payment to subcontractors. The plaintiff appeals from a summary judgment granted in favor of the defendant. We reverse and remand for further proceedings consistent with...

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