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IN RE DUNCAN

Bankruptcy No. 02-85792-dte. Adversary No. 02-08406-ess.

308 B.R. 138 (2004)

In re Eugene DUNCAN, Debtor. Elaine L. Chao, Secretary of Labor, Plaintiff, v. Eugene Duncan, Defendant.

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

March 24, 2004.

Attorney(s) appearing for the Case

Edward Zinker, Jeffrey Herzberg, Zinker, Gelfand & Herzberg, LLP, Smithtown, NY, for Debtor.

John G. Campbell, U.S. Department of Labor, Office of the Solicitor, New York, New York, for plaintiff.

MEMORANDUM DECISION DENYING THE MOTION FOR SUMMARY JUDGMENT BROUGHT BY EUGENE DUNCAN

ELIZABETH S. STONG, Bankruptcy Judge.

Before the Court is a motion for summary judgment (the "Motion" or the "Motion for Summary Judgment") brought by Eugene Duncan (the "Defendant") in the above-captioned adversary proceeding (the "Adversary Proceeding"). The Defendant filed for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") on...

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