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IN RE SCHEUER

Bankruptcy No. 96-60435, Adversary No. 96-70241.

213 B.R. 415 (1997)

In re John A. SCHEUER, Denise A. Scheuer, Debtors. John A. SCHEUER, Denise A. Scheuer, Plaintiffs, v. MARINE MIDLAND BANK, N.A., Defendant.

United States Bankruptcy Court, N.D. New York.

February 11, 1997.

Attorney(s) appearing for the Case

Harter, Secrest & Emery, Syracuse, NY (Debra Su Dock, of counsel), for Marine Midland Bank, N.A.

Wayne R. Bodow, Syracuse, NY, for Debtors.

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Chief Judge.

Presently before the Court is a motion for summary judgment filed by Marine Midland Bank ("Marine") on November 27, 1996, in the adversary proceeding commenced by John A. and Denise A. Scheuer ("Debtors") by the filing of a complaint ("Complaint") on September 9, 1996. Debtors' counsel filed an affidavit on December 11, 1996, opposing the motion and requesting...

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