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IN RE LOMAGNO

No. 05-9003.

429 F.3d 16 (2005)

In re Vito LOMAGNO and Marie Midolo, Debtors. Vito Lomagno; Marie Midolo, Debtors, Appellants, v. Salomon Brothers Realty Corp., Appellee.

United States Court of Appeals, First Circuit.

Decided November 14, 2005.

Attorney(s) appearing for the Case

David G. Baker, for appellants.

John C. Barker, with whom Michienzie & Sawin LLC was on brief, for appellee.

Before LIPEZ and HOWARD, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge.

Vito Lomagno and Marie Midolo (the "Debtors") appeal from the bankruptcy court's August 3, 2004 order denying their motion for judgment on the pleadings and granting the defendant's cross-motion for judgment on the pleadings with respect to their adversary complaint seeking declaratory and injunctive relief. The bankruptcy court determined that Salomon Brothers Realty Corp. ("Salomon") did not violate an automatic stay by foreclosing on the Debtors...

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