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IN RE ROBERTSON

No. 98-30965.

203 F.3d 855 (2000)

In the Matter of: Gerald M. ROBERTSON, Debtor. Polly Anderson, Appellant, v. John Clifton Conine; Fleet Mortgage Corporation; United States Internal Revenue Service; Gerald M. Robertson, Appellees.

United States Court of Appeals, Fifth Circuit.

February 11, 2000.

Attorney(s) appearing for the Case

James Allen Harvey, Jr. (argued), Monroe, LA, for Appellant.

John Clifton Conine (argued), Luster, Conine & Brunson, Natchitoches, LA, pro se.

Stacy C. Wheat, Shapiro & Mentz, Metairie, LA, for Fleet Mortgage Corp.

Robert A. Thrall, Shreveport, LA, Robert E. Dozier, U.S. Department of Justice, Trial Attorney, Tax Division, Washington, DC, for United States Internal Revenue Service.

John Thomas Scott, West Monroe, LA, for Gerald M. Robertson.

Before JONES and DENNIS, Circuit Judges, and PRADO, District Judge.

DENNIS, Circuit Judge:

This is an appeal by the non-debtor former spouse of the debtor from the judgment by the United States District Court for the Western District of Louisiana affirming a partial summary judgment by the Bankruptcy Court. In its partial summary judgment the bankruptcy court held that the Trustee in bankruptcy could treat the former marital home as property of the bankruptcy estate, rather than as the separate...

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