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IN RE DOUDS

Bankruptcy No. 04-16872 B, Adversary No. 04-1365 B.

327 B.R. 122 (2005)

In re John David DOUDS, Debtor. Gibraltar Industries, Inc., formerly known as Gibraltar Steel Corporation, Plaintiff, v. John David Douds, Defendant.

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

July 14, 2005.

Attorney(s) appearing for the Case

Phillips Lytle LLP, William J. Brown, Esq., of counsel, Alan J. Bozer, Esq., of counsel, Buffalo, NY, for Plaintiff.

Damon & Morey LLP, William F. Savino, Esq., of counsel, Buffalo, NY, for Defendant.

CARL L. BUCKI, Bankruptcy Judge.

The present motion to dismiss or for summary judgment asks the court to consider the circumstances in which a non-final decision of state court will collaterally estop the assertion of claims in a bankruptcy proceeding.

In May of 2002, Gibraltar Steel Corporation commenced an action in New York State Supreme Court against Jack Douds, Del Douds, Sheldon Frank, and three affiliated corporations, to recover damages resulting from...

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