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IN RE FITZGERALD

Bankruptcy No. 99-31733 (LMW). Adversary No. 00-3067.

255 B.R. 807 (2000)

In re Barbara R. FITZGERALD, Debtor. Ronald I. Chorches, Chapter 7 Trustee, Plaintiff, v. Fleet Mortgage Corporation, Federal National Mortgage Association, Mary A. Stary, John P. Stary and McCue Mortgage Corp., Defendants.

United States Bankruptcy Court, D. Connecticut.

December 13, 2000.

Attorney(s) appearing for the Case

Gregory F. Arcaro, Grafstein & Associates, Farmington, for Chapter 7 Trustee.

Thomas J. Farrell, Hunt, Leibert, Chester & Jacobson, P.C., Hartford, for Fleet Mortgage Corporation and Federal National Mortgage Association.

Neil E. Atlas, Atlas & Hudon, L.L.P., West Hartford, for Mary A. Stary, John P. Stary and McCue Mortgage Company.

FIRST MEMORANDUM OF DECISION IN RESPECT OF ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS

LORRAINE M. WEIL, Bankruptcy Judge.

The matter before the court is a decision on (1) Motion To Dismiss Count One filed by Federal National Mortgage Association ("Federal") and Fleet Mortgage Corporation ("Fleet") and (2) Motion To Dismiss Count One filed by Mary (Marie) A. Stary, John P. Stary (collectively with Mary (Marie) A. Stary, the "Starys") and...

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