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IN RE FOGARTY

Bankruptcy No. 88-03274-BKC-SMW.

114 B.R. 788 (1990)

In re Joseph F. FOGARTY, Jr. and Virginia H. Fogarty, Debtors. NCNB NATIONAL BANK OF FLORIDA, Plaintiff, v. Joseph F. FOGARTY, Jr. and Virginia H. Fogarty, Defendants.

United States Bankruptcy Court, S.D. Florida.

May 15, 1990.

Attorney(s) appearing for the Case

Thomas R. Lehman, P.A., Thomas R. Lehman, Miami, Fla., for NCNB Nat. Bank of Florida.

Kozyak, Tropin & Throckmorton, P.A., Charles W. Throckmorton, Mary Aubry, Miami, Fla., for Joseph F. Fogarty, Jr. and Virginia H. Fogarty.

Stuzin & Camner, P.A., Raul Cuervo, Miami, Fla., for Meadowbrook Farms, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SIDNEY M. WEAVER, Chief Judge.

THIS MATTER came before the Court on March 17, 1990, on cross-motions for summary judgment filed by the Plaintiff, NCNB National Bank of Florida ("NCNB") and Defendants, Joseph F. Fogarty, Jr. and Virginia H. Fogarty (the "debtors"). At the conclusion of the hearing, both NCNB and the debtors agreed that there is no genuine issue of material fact and that the claims which are the subject...

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