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IN RE HAYES

No. 98-5023.

183 F.3d 162 (1999)

In re Edward W. HAYES, Debtor. The Andy Warhol Foundation for Visual Arts, Inc., Plaintiff-Appellant, v. Edward W. Hayes, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 30, 1999.

Attorney(s) appearing for the Case

Thomas J. Schwarz, Skadden, Arps, Slate, Meagher & Flom LLP (Michael L. Cook, Neal Jacobson, of counsel), New York, New York, for Plaintiff-Appellant.

Laurence May, Angel & Frankel (Joshua J. Angel, of counsel), New York, New York, for Defendant-Appellee.

Before: WINTER, Chief Judge, MUKASEY, District Judge, and RESTANI, Judge.

WINTER, Chief Judge:

The Andy Warhol Foundation for the Visual Arts, Inc. appeals from Judge Stein's affirmance of an order of the bankruptcy court dismissing the Foundation's nondischargeability complaint against Edward W. Hayes and concurrently denying its motion for summary judgment. The Foundation contended that Hayes's debt to it was governed by Bankruptcy Code ("Code") Section 523(a)(4), 11 U.S.C. § 523(a)(4), which provides, inter alia, that a debt...

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