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MATTER OF SWEDENBORG

Bankruptcy No. B82-01112-Y, Adv. No. 84-0105.

55 B.R. 820 (1985)

In the Matter of David L. SWEDENBORG and Sandra R. Swedenborg, Debtors. Carl RAFOTH, Trustee, Plaintiff, v. SMITH & SCHMIDT ASSOCIATES, INC., Joseph P. Schmidt and Howard A. Bartow, Defendants.

United States Bankruptcy Court, N.D. Ohio.

November 4, 1985.

Attorney(s) appearing for the Case

David L. and Sandra R. Swedenborg, DeBois, Pa., debtors.

Claude W. Nicholson, Ashtabula, Ohio, for debtors.

Carl D. Rafoth, Youngstown, Ohio, for plaintiff/trustee.

Mark S. Gervelis, Ashtabula, Ohio, for plaintiff/trustee, Carl Rafoth.

Frederick S. Coombs, III, Youngstown, Ohio, for defendant Howard Bartow.

Joseph Lucci, Youngstown, Ohio, for defendants Smith & Schmidt & Associates, Inc., and Joseph P. Schmidt.

MEMORANDUM OPINION

WILLIAM T. BODOH, Bankruptcy Judge.

This matter is before the Court on the Motions for Summary Judgment filed by Defendants in the above-captioned adversary proceeding. For the reasons set forth below, the Motions for Summary Judgment are hereby sustained.

FACTS

The facts in this case are somewhat complicated in that they span a period of some five years and came to light only after extensive discovery by the parties...

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