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IN RE VIANESE

Bankruptcy No. 95-60060. Adv. No. 95-70066.

195 B.R. 572 (1995)

In re Joseph L. VIANESE, Constance A. Vianese, Debtors. TURNING STONE CASINO, Plaintiff, v. Joseph L. VIANESE, Constance A. Vianese, Defendants.

United States Bankruptcy Court, N.D. New York.

November 3, 1995.

Attorney(s) appearing for the Case

James F. Selbach, Syracuse, New York, for Debtors/Defendants.

Oneida Indian Nation Legal Dept., Oneida, New York (Paul J. Rinko, of counsel), for Plaintiff.

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Chief Judge.

Presently before the Court is a motion filed on June 26, 1995, by Constance A. Vianese (C. Vianese) seeking summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure ("Fed.R.Civ.P."), incorporated by reference in Rule 7056 of the Federal Rules of Bankruptcy Procedure ("Fed.R.Bankr.P."), in the adversary proceeding

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