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IN RE BERRY

Bankruptcy No. 594-50019-7. Adv. No. 594-5028.

174 B.R. 449 (1994)

In re William Ernst BERRY, III, Debtor. Geraldine BELL, Creditor for Class Plaintiffs, v. William Ernst BERRY, III, Defendant.

United States Bankruptcy Court, N.D. Texas, Lubbock Division.

December 1, 1994.

Attorney(s) appearing for the Case

Johnny Roy Phillips, Lubbock, TX, for debtor/defendant.

Madison Sowder, Hurley & Sowder and Mike M. Calfin, Lubbock, TX, for plaintiffs.

MEMORANDUM OPINION ON DISCHARGEABILITY

JOHN C. AKARD, Bankruptcy Judge.

In this adversary proceeding, the court must determine whether the debt of William Ernst Berry, III (Debtor) is dischargeable.1 Plaintiffs, approximately thirty individuals,2 claimed the debt is nondischargeable under § 523(a)(4) of the Bankruptcy Code3 due to the Debtor's fraudulent misrepresentation...

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