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MATTER OF DUKES

Bankruptcy No. 81-00445, Adv. No. 81-0185.

24 B.R. 404 (1982)

In the Matter of T.V. DUKES, Debtor. Larry PHILLIPS and Judy Phillips, Plaintiffs, v. T.V. DUKES, Defendant and Third Party Plaintiffs, v. SALEM MORTGAGE COMPANY and Roland A. Benge & Company, Third Party Defendants.

United States Bankruptcy Court, E.D. Michigan, S.D.

November 4, 1982.

Attorney(s) appearing for the Case

Brian I. Brown, Burton, Mich., for debtor.

Robert L. Shegos, Flint, Mich., for plaintiffs/Phillips.

Lee G. Ravitz, Southfield, Mich., for third party defendant/Roland A. Benge and Co.

Michael M. Grand, Birmingham, Mich., for third party defendant/Salem Mortg. Co.

I

Introduction

HAROLD H. BOBIER, Bankruptcy Judge.

Debtor, an unmarried elderly man with a 4th grade education, was both untutored and naive. While in the hospital for a heart condition he viewed a television advertisement of Salem Mortgage, a mortgage broker who worked principally for Roland A. Benge & Co., a mortgage lender. Debtor answered the advertisement by calling Salem on a toll-free...

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