OPINION AND ORDER OF THE COURT
DAN M. RUSSELL, Jr., Chief Judge.
This appeal arises from the bankruptcy of Sally Stephenson Frisby.
The hearing was held before the Referee in Bankruptcy on September 25, 1975, to determine the dischargeability of the Appellee's debt to Appellant pursuant to § 17(a)(2) of the Bankruptcy Act (11 U.S.C. § 35) which provides:
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