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IN RE TRIBBY

No. 98-12359-SSM. Civ.A. No. 99-1328-A.

241 B.R. 380 (1999)

In re Diane L. TRIBBY, Debtor. Robert H. Meurer, et al., Appellants, v. Diane L. Tribby, Appellee.

United States District Court, E.D. Virginia, Alexandria Division.

November 24, 1999.

Attorney(s) appearing for the Case

Martin Carroll Conway, The Pesner Law Group, P.L.C., McLean, VA, for appellant.

Spencer Dean Ault, Johnson, Young & Ault, P.C., Leesburg, VA, for appellee.

MEMORANDUM OPINION

ELLIS, District Judge.

This bankruptcy appeal presents an unsettled question of Virginia law, namely, whether the doctrine of merger by deed extinguishes a purchaser's right to sue on a contractual clause requiring settlement by a certain date, when the purchaser accepts tardy delivery of the deed without specifically reserving the right to seek damages for delay.

I

This bankruptcy appeal is an outgrowth of appellee Diane...

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