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IN RE D, S & S ENTERPRISES, INC.

Bankruptcy No. 91-1986-BM, Adv. No. 92-2477-BM.

155 B.R. 691 (1993)

In re D, S & S ENTERPRISES, INC., d/b/a The Medicine Shoppe, Debtor. D, S & S ENTERPRISES, INC., d/b/a The Medicine Shoppe, Plaintiff, v. Daniel A. SAKMAR and Daria M. Sakmar, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

June 23, 1993.

Attorney(s) appearing for the Case

Michael J. Yurcheshen, Yurcheshen & Baggett, Pittsburgh, PA, for plaintiff/debtor D, S & S Enterprises, Inc., d/b/a The Medicine Shoppe.

John P. Vetica, Jr., Pittsburgh, PA, for defendant/Daniel A. Sakmar.

Mark J. Homyak, Wile, Georgiades, Homyak & Norkus, P.C., Pittsburgh, PA, for additional defendant/Daria M. Sakmar.

Mary Reitmeyer, Trustee, Pittsburgh, PA.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

The complaint brought by debtor against defendant Daniel Sakmar consists of two counts. Count I seeks to recover in excess of $170,000.00 which Daniel Sakmar allegedly borrowed from debtor prior to the filing of the bankruptcy petition and has failed to repay. Count II seeks damages for inventory, funds, and other estate assets which Daniel Sakmar allegedly...

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