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NUNN v. IMC MORTG. CO.

No. 03-CV-6008L.

308 B.R. 150 (2004)

Penny R. NUNN, Appellant, v. IMC MORTGAGE COMPANY, Appellee.

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

April 20, 2004.

Attorney(s) appearing for the Case

Mark H. Wattenberg, Southern Tier Legal Services, Bath, NY, for Appellant.

Gerald N. Murphy, Forsyth, Howe, O'Dwyer, Kalb & Murphy, P.C., Rochester, NY, for Appellee.

DECISION AND ORDER

LARIMER, District Judge.

This is an appeal from an order1 of the Bankruptcy Court for the Western District of New York (Ninfo, C.J.) denying the debtor's motion for partial summary judgment, in an adversary proceeding that was prosecuted, in part, to rescind a mortgage to defendant IMC Mortgage Company ("IMC Mortgage") because of the alleged failure to comply with certain notice provisions of the Home...

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