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IN RE BAROFF

No. 95-17269.

105 F.3d 439 (1997)

In re Sheldon BAROFF, Debtor. Heritage FORD; Thomas Smart; Walter Meador, Plaintiffs-Appellees, v. Sheldon BAROFF, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 1997.

Attorney(s) appearing for the Case

Michael Dietrick, Law Offices of Michael Dietrick, San Rafael, California, for the defendant-appellant.

William W. Nolan, J. Russell Cunningham, Barry H. Spitzer, Desmond, Miller & Desmond, Sacramento, California, for the plaintiffs-appellees.

Before WOOD, Jr., SCHROEDER, and HALL, Circuit Judges.

HARLINGTON WOOD, JR., Circuit Judge:

Plaintiffs-Appellees, certain creditors and former business partners of Sheldon Baroff ("Baroff"), the debtor, filed an action under Section 523 of the Bankruptcy Code, 11 U.S.C. § 523, contending that their claims against the debtor were nondischargeable because the debtor had obtained the loans by fraud and because Baroff committed fraud while acting in a fiduciary capacity. Baroff successfully defended the nondischargeability...

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