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IN RE MARKS

Bankruptcy No. 91-7113-9P7, Adv. No. 91-604.

148 B.R. 958 (1992)

In re James A. MARKS, and Peggy E. Marks, Debtors, Harold W. JUST, Joyce Esselman, Thomas Schmidt, Lynn McDonald, Jerry Doss, Donald Turner, Erick Wilson, Dennis H. Briggs, H. Brown Optopalik, Timothy T. Flaherty and Ronald Rozek, Plaintiffs, v. James A. MARKS, Defendant.

United States Bankruptcy Court, M.D. Florida, Fort Myers Division.

October 28, 1992.

Attorney(s) appearing for the Case

Robert W. Clark, Tampa, FL, David A. Melnick, Anjum Dieckman, Milwaukee, WI, for plaintiffs.

Lloyd W. Bowein, Naples, FL, Jeffrey W. Leasure, Ft. Myers, FL, for defendant.

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

ALEXANDER L. PASKAY, Chief Judge.

THIS is a Chapter 7 liquidation case and the matter under consideration is Count III of the Amended Complaint filed by Harold W. Just, et. al. (Plaintiffs) seeking a determination that debts due and owing by James A. Marks (Debtor) are not dischargeable pursuant to § 523(a)(4) of the Bankruptcy Code. The Debtor has filed a Motion for Summary Judgment. The undisputed facts...

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