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SCISCOE v. LEISTNER

No. IP92-734-C. Bankruptcy No. 90-11354-RWV-7. Adv. No. 91-558.

164 B.R. 86 (1993)

Jack E. SCISCOE, Appellant, v. Steven LEISTNER, Susan Robison and Carl Smith, each individually and d/b/a Three Amigos, a partnership. In re Jack E. SCISCOE, Debtor. Steven LEISTNER, Susan Robison and Carl Smith, each individually and d/b/a Three Amigos, a partnership, Plaintiffs, v. Jack E. SCISCOE, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

December 23, 1993.

Attorney(s) appearing for the Case

Jeffrey E. Ramsey, Hostetler & Kowalik, Indianapolis, IN, for plaintiffs.

Clarence Frank, Bloomington, IN, for defendant.

ENTRY

BARKER, Chief Judge.

On May 20, 1992, the Bankruptcy Court entered the following conclusions of law in this matter:

A. This Court has jurisdiction over the case and parties. B. Jack Sciscoe obtained money from, Carl, Steve and Susan through actual fraud and false pretenses; breached a fiduciary duty by failing to hold the funds "in trust" as promised; and converted the funds given him by exercising unauthorized control over them...

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