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IN RE EMERY

No. 94-CV-5915 (JS).

201 B.R. 37 (1996)

In re Claude EMERY, Debtor. CITIBANK, N.A., Plaintiff/Appellant, v. Claude EMERY, Defendant/Appellee.

United States District Court, E.D. New York.

September 26, 1996.

Attorney(s) appearing for the Case

Robert M. Brill, Marc A. Lebowitz, Zeichner Ellman & Krause, New York City, for Plaintiff/Appellant.

Richard K. Bernstein, Richard K. Bernstein Associates, P.C., New York City, for Defendant/Appellee.

OPINION AND ORDER

SEYBERT, District Judge:

This is an appeal of a final order of the United States Bankruptcy Court for the Eastern District of New York (Holland, B.J.) which dismissed plaintiff/appellant Citibank N.A.'s ["Citibank's"] second amended complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). In its second amended complaint, Citibank alleged that defendant/appellee Claude Emery ["Emery"] committed fraud in procuring...

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