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SETTEMBRE v. FIDELITY & GUAR. LIFE INS. CO.

No. 08-5083.

552 F.3d 438 (2009)

Fioravante SETTEMBRE, Appellee, v. FIDELITY & GUARANTY LIFE INSURANCE CO.; National Life Insurance Company; Life Event Advantage Division of Life Insurance Company of the Southwest, Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 7, 2009.

Attorney(s) appearing for the Case

ARGUED: Mary Elizabeth Eade, Fultz, Maddox, Hovious & Dickens, Louisville, Kentucky, for Appellants. Russ L. Wilkey, Russ Wilkey, P.S.C., Owensboro, Kentucky, for Appellee. ON BRIEF: Mary Elizabeth Eade, Fultz, Maddox, Hovious & Dickens, Louisville, Kentucky, for Appellants. Russ L. Wilkey, Russ Wilkey, P.S.C., Owensboro, Kentucky, for Appellee.

Before NORRIS, ROGERS and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

In this matter, the bankruptcy court granted the appellants (collectively, "Fidelity") summary judgment on their complaint against the debtor, Fioravante Settembre, for denial of a discharge. The district court reversed and remanded the case for trial on Fidelity's complaint. Fidelity now seeks review of the district court's order.

I.

Between August 2001 and July 2003, Settembre and a third party borrowed...

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