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IN RE BUDIG

Nos. 98-4147-DES, 97-41523. Adversary No. 97-7082.

240 B.R. 397 (1999)

In re Jack Lavon BUDIG and Deborah Ann Budig, Debtors. Via Christi Regional Medical Center, Plaintiff/Appellant, v. Jack Lavon Budig and Deborah Ann Budig, Defendants/Appellees.

United States District Court, D. Kansas.

September 3, 1999.

Attorney(s) appearing for the Case

W. Thomas Gilman, Redmond & Nazar, L.L.P., Wichita, KS, for Via Christi Regional Medical Center.

Justice B. King, Fisher, Patterson, Sayler & Smith, Topeka, KS, John C. Herman, Hays, KS, for Jack Lavon Budig and Deborah Ann Budig.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on appeal by the plaintiff, Via Christi Regional Medical Center, from an order of the bankruptcy court filed on August 10, 1998, discharging the debt owed to the plaintiff.

I. BACKGROUND

On May 17, 1996, debtor Jack Budig suffered chest pains and was admitted to Via Christi Medical Center ("Via Christi"). Mr. Budig underwent heart bypass surgery...

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