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IN RE OSZAJCA

Bankruptcy Nos. 95-10300, 95-10552, 95-10180. Adv. No. 95-1079.

199 B.R. 103 (1996)

In re Beverly OSZAJCA, Debtor. Beverly OSZAJCA, Debtor, Plaintiff, v. SEARS, ROEBUCK & CO., Defendant. In re Russell N. BROWN, Sheila L. Brown, Debtors. In re Ann-Marie PERRY, Debtor.

United States Bankruptcy Court, D. Vermont.

June 28, 1996.

Attorney(s) appearing for the Case

J. Hollar, Wilson & White, P.C., Montpelier, Vermont, for Beverly Oszajca, Debtor.

G. Rees, Lobe & Rees, Burlington, Vermont, for Sears, Roebuck & Company.

T. Taylor, Law Offices of Todd Taylor, P.C., Burlington, Vermont, for Debtors Russell and Sheila Brown and Ann Marie Perry.

MEMORANDUM DECISION

FRANCIS G. CONRAD, Bankruptcy Judge.

The issue in these consolidated actions comes before us1 upon cross-motions for summary judgment in the Oszajca v. Sears adversary proceeding. The debtors in the other two cases have asked that their fates be determined according to our resolution of the underlying issue in the Oszajca case — whether Sears' lending...

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