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IN RE KLEIN

Bankruptcy No. 89-21594T, Adv. No. 90-2437.

140 B.R. 103 (1992)

In re Robert E. KLEIN d/b/a Bob Klein Plumbing & Heating and Robin M. Klein a/k/a Robin M. Carwile, Debtors. David EISENBERG, Trustee, Plaintiff, v. CAPP CONSTRUCTION, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

May 8, 1992.

Attorney(s) appearing for the Case

Karl E. Friend, Allentown, Pa., for plaintiff.

William K. Murphy, Herster, Newton & Murphy, Easton, Pa., for defendant.

OPINION

THOMAS M. TWARDOWSKI, Chief Judge.

Before the court is a complaint filed by the Trustee pursuant to 11 U.S.C. § 524(b) to recover monies allegedly owed to the estate by Capp Construction, Inc. ("Capp"). Our review of the pleadings, testimony, evidentiary exhibits and relevant case law mandates a judgment for the trustee in the amount of $43,273.00. Further, we find that Capp has not sustained its burden of proof as to the items which it has...

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