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IN RE BRUNING

No. 92-K-109, Bankruptcy No. 91-14637 DEC, Adv. No. 91-1531 CEM.

143 B.R. 253 (1992)

In re Joseph Roy BRUNING and Paula Fay Bruning, Debtors. Joseph F. BERRES, Plaintiff-Appellant, v. Joseph Roy BRUNING and Paula Fay Bruning, Defendants-Appellees.

United States District Court, D. Colorado.

July 22, 1992.

Attorney(s) appearing for the Case

Gregory A. Jamison, Brown & Berardini, Denver, Colo., for plaintiff-appellant.

James C. Bull, Bucholtz, Bull & Ewing, Denver, Colo., for defendants-appellees.

MEMORANDUM DECISION ON APPEAL

KANE, Senior District Judge.

I. Introduction

This case is before me on Joseph Berres' ("creditor") interlocutory appeal from an order of the bankruptcy court dismissing his complaint to determine dischargeability. Count 1 of the complaint alleged that the debtors committed fraud in a fiduciary capacity and that the obligation was not dischargeable under 11 U.S.C. § 523(a)(4).1

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