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IN RE LOMAGNO

BAP No. MW 04-041. Bankruptcy No. 03-40276-JBR. Adversary No. 04-4312.

320 B.R. 473 (2005)

Vito LOMAGNO and Marie Midolo, Debtors. Vito Lomagno and Marie Midolo, Plaintiffs/Appellants, v. Salomon Brothers Realty Corp., Defendant/Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

February 9, 2005.

Attorney(s) appearing for the Case

David G. Baker, Charlestown, MA, on brief for Appellants.

David P. Russman, Springfield, MA, on brief for Appellee.

Before DE JESUS, VAUGHN and CARLO, United States Bankruptcy Appellate Panel Judges.

PER CURIAM.

The debtors, 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 the Debtors' adversary complaint seeking injunctive and declaratory relief relating to the sale of certain real property. At issue in this case is whether the Panel's reversal of the bankruptcy court's...

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