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IN RE J & M SALUPO DEVELOPMENT CO.

No. 07-8026.

388 B.R. 795 (2008)

In re J & M SALUPO DEVELOPMENT CO., Debtor. Paul T. and Nancy Hamerly, Plaintiffs-Appellants, v. Fifth Third Mortgage Company, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided April 18, 2008.

Attorney(s) appearing for the Case

ARGUED: Jeffrey M. Levinson, Margulies & Levinson, Pepper Pike, OH, for Appellants. William B. Fecher, Cincinnati, OH, for Appellee. ON BRIEF: Jeffrey M. Levinson, Scott H. Scharf, Margulies & Levinson, Pepper Pike, OH, for Appellants. William B. Fecher, Cincinnati, OH, Patricia L. Hill, Hannah W. Hutman, Statman, Harris & Eyrich, Dayton, OH, for Appellee.

Before: FULTON, RHODES, and SCOTT, Bankruptcy Appellate Panel Judges.

OPINION

FULTON, Bankruptcy Judge.

Paul T. and Nancy Hamerly ("Appellants") appeal the bankruptcy court's grant of a judgment on the pleadings pursuant to Federal Rule of Bankruptcy Procedure 7012(c) in favor of Fifth Third Mortgage Company ("Appellee") and denial of Appellants' motion for reconsideration of that judgment, which held that Appellants could not prove any facts entitling them to obtain clear title to certain real property or warranting equitable...

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