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IN RE BARTON

No. 01-CV-53.

272 B.R. 61 (2002)

In re Scott L. BARTON, Debtor. Simmons Masonry, Inc., dba Simmons Construction, Plaintiff-Appellee, v. Scott L. Barton, dba Scott L. Barton, Architect, Defendant-Appellant.

United States District Court, N.D. New York.

January 15, 2002.

Attorney(s) appearing for the Case

Richard Croak, Albany, NY, for Defendant-Appellant.

Getnick, Livingston, Atkinson, Gigliotti & Priore, Utica, NY, Nicholas S. Priore, of Counsel, for Plaintiff-Appellee.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Presently before the court is an appeal from a final order of the United States Bankruptcy Court for the Northern District of New York, Littlefield, B.J., entered on December 6, 2000. The Bankruptcy Court granted summary judgment in favor of Plaintiff-Appellee Simmons Masonry, Inc. d/b/a Simmons Construction ("Simmons Masonry" or "plaintiff"), after finding that...

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