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IN RE LEBNER

Bankruptcy No. 95-13971-JNF. Adv. No. 95-1528.

197 B.R. 180 (1996)

In re Michael LEBNER, Debtor. Martin SANTA, Plaintiff, v. Michael LEBNER, Defendant.

United States Bankruptcy Court, D. Massachusetts.

May 21, 1996.

Attorney(s) appearing for the Case

Joseph I. Schindler, Klieman, Lyons, Schindler, Gross & Pabian, Boston, MA, for debtor-defendant Lebner.

Richard F. Benway, Benway & Harrington, Westwood, MA, for plaintiff Santa.

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matter before the Court is the Debtor's Motion for Summary Judgment (the "Motion") and the Opposition to the Motion filed by the Plaintiff, Martin Santa ("Santa" or the "Plaintiff"). The Plaintiff purports to act on behalf of a class, whose identity is not identified in the caption of this adversary proceeding. The Plaintiff filed the above-referenced complaint on September...

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