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IN RE FIDELITY AMERICA FINANCIAL CORP.

Bankruptcy No. 81-00385G, Adv. No. 82-0106G.

24 B.R. 117 (1982)

In re FIDELITY AMERICA FINANCIAL CORPORATION (Jointly Administered with). In re FIDELITY AMERICA MORTGAGE CO. (A Pennsylvania Corporation). In re FIDELITY AMERICA MORTGAGE CO. (A Delaware Corporation). In re FIDELITY AMERICA MORTGAGE CO. (A Nevada Corporation), Debtors. Norman M. KRANSDORF, Trustee, Plaintiff, v. Harvey P. MURRAY, Jr. and Nancy K. Murray and Realty General Associates, LTD., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

October 25, 1982.

Attorney(s) appearing for the Case

Don P. Foster, Alexander N. Rubin, Jr., Rubin, Quinn, Moss & Girard-DiCarlo, Philadelphia, Pa., for plaintiff, Norman M. Kranzdorf, Trustee.

Harvey P. Murray, Jr., defendant, pro se.

Howard M. Newstadt, Sunbury, Pa., for defendant, Nancy K. Murray.

Richard C. Fox, Fox, Farr, Goldstein & Cunningham, Harrisburg, Pa., for defendant, Realty Gen. Associates, Inc.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The first of three issues before us is whether a complaint for an accounting and imposition of a constructive trust filed by the chapter 11 trustee against one of the defendants in this case, Nancy K. Murray, should be granted. We conclude that the trustee has established, by the supporting affidavits which he has presented and by the admissions of the said defendant in her answer and pleadings, that there is...

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