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IN RE LOMBARDI

Bankruptcy No. 94-12727. Adv. No. 95-1045.

195 B.R. 569 (1996)

In re Martin LOMBARDI and Deborah Lombardi, Debtors. Martin LOMBARDI and Deborah Lombardi, Plaintiffs, v. DOMESTIC LOAN AND INVESTMENT BANK, Defendant and Third Party Plaintiff, v. RHODE ISLAND HOME IMPROVEMENT, INC., Third Party Defendant.

United States Bankruptcy Court, D. Rhode Island.

April 19, 1996.

Attorney(s) appearing for the Case

Christopher Lefebvre, Pawtucket, RI, for Debtors/Plaintiffs.

Paul T. DiCristofaro, Providence, RI, for Defendant/Third-Party Plaintiff, Domestic Loan and Investment Bank.

Guido R. Salvadore, Providence, RI, for Third-Party Defendant, Rhode Island Home Improvement, Inc.

DECISION AND ORDER: (1) DENYING CROSS MOTIONS FOR SUMMARY JUDGMENT; AND (2) DETERMINING REAL ESTATE MORTGAGE TO BE VOID

ARTHUR N. VOTOLATO, Bankruptcy Judge.

The Debtor-Plaintiff and the Third-Party Defendant, Rhode Island Home Improvement, Inc. (RIHII), have submitted this matter to the Court on cross Motions for Summary Judgment. "[S]ummary judgment should be bestowed only when no genuine issue of material fact exists and the movant has successfully...

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