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IN RE NESTOR

Civ. A. No. 94-10617-MEL.

202 B.R. 181 (1996)

In re John J. NESTOR, Jr., Debtor. Robert F. TUCKER, Appellant, v. John J. NESTOR, Jr., Appellee.

United States District Court, D. Massachusetts.

October 16, 1996.

Attorney(s) appearing for the Case

George E. Richardson, Johnson & Clapp, Boston, MA, for Appellant.

John N. Nestor, Law Office of John N. Nestor, Benjamin Tessler, Lynn, MA, for Appellee.

LASKER, District Judge.

This is an appeal by Robert Tucker from a final judgment of an adversary proceeding in the United States Bankruptcy Court for the District of Massachusetts. Tucker, the plaintiff below, appeals from the decision of the bankruptcy court holding that the debt owed him by John Nestor, Jr., the defendant and debtor, was not excepted from discharge as a debt for defalcation while acting in a fiduciary capacity. The decision of the bankruptcy court...

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