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IN RE GILMORE

Bankruptcy No. 91-02187, Adv. No. 91-6223.

141 B.R. 734 (1992)

In re Robert L. GILMORE, Debtor. BANKERS LIFE AND CASUALTY COMPANY, INC., an Illinois corporation, Plaintiff, v. Robert Lewis GILMORE, Defendant.

United States Bankruptcy Court, D. Idaho.

May 28, 1992.

Attorney(s) appearing for the Case

Larry E. Prince, Holland & Hart, Boise, Idaho for plaintiff.

Russell J. Gallagher, Coeur d'Alene, Idaho, for defendant.

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Chief Judge.

The plaintiff's complaint, in this adversary proceeding, alleges the following facts. The debtor/defendant, Robert Lewis Gilmore, was an agent of the plaintiff under a written employment contract wherein he was designated a fiduciary for the plaintiff's funds in his possession as a sales agent. The defendant absconded with funds, and on January 21, 1983 a judgment was entered in the Superior Court of the...

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