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IN RE EMMERT

Bankruptcy No. NT 79-02026, Adv. No. 80-0102.

11 B.R. 341 (1981)

In re Howard G. EMMERT, Sr., Debtor. SIETING CONSTRUCTION, Plaintiff, v. Howard G. EMMERT, Sr., Defendant.

United States Bankruptcy Court, W.D. Michigan.

May 20, 1981.

Attorney(s) appearing for the Case

Robert J. Kievit, Kalkaska, Mich., for plaintiff.

Paul I. Bare, Traverse City, Mich., for defendant.

OPINION

DISCHARGEABILITY — BUILDERS TRUST FUND — FIDUCIARY

DAVID E. NIMS, Jr., Bankruptcy Judge.

Sieting Construction (Sieting) filed its complaint against Howard G. Emmert, Sr., (Emmert), the debtor, for a determination that the claim of Sieting is nondischargeable and for the entry of a judgment thereon.

The parties have submitted this proceeding on a stipulation of facts which is as follows:

"1. That the Plaintiff...

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