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MATTER OF GOULD

No. 91-3473.

977 F.2d 1038 (1992)

In the Matter of John Charles Cooper GOULD and Janice M. Gould, Debtors-Appellees. Appeal of Donald B. FISHER.

United States Court of Appeals, Seventh Circuit.

Decided September 10, 1992.

Attorney(s) appearing for the Case

Jack E. Roebel, Fort Wayne, Ind. (argued), for appellant Donald B. Fisher.

John R. Burns, III (argued), David P. Irmscher, Baker & Daniels, Fort Wayne, Ind., for appellees John D. Weaver and Susan L. Weaver.

William E. Harris, Moss, Crowell, Harris, Yates & Long, Fort Wayne, Ind. (argued), for debtors-appellees John Charles Cooper-Gould and Janice M. Gould.

Before CUMMINGS, FLAUM, and MANION, Circuit Judges.

FLAUM, Circuit Judge.

In the late 1970s, the Trafalgar Corporation and John Gould (collectively "Gould"), commenced plans to develop "Scotia," an upscale residential community located on 200 acres of prime real estate in Allen County, Indiana. In the course of planning the development, Gould negotiated a sewer easement across a contiguous plot of land owned by John and Susan Weaver. In exchange, Gould granted the Weavers a right of first refusal (i.e., the...

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