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IN RE CASEY

Bankruptcy No. 94 B 41762 (JLG). Adv. No. 94-8638A.

181 B.R. 763 (1995)

In re James Martin CASEY, Debtor. PEERLESS INSURANCE COMPANY, Plaintiff, v. James Martin CASEY, Defendant.

United States Bankruptcy Court, S.D. New York.

May 18, 1995.

Attorney(s) appearing for the Case

Laurence H. Pearson, New York City, for debtor.

Hart & Hume, New York City, for Peerless Ins. Co.

MEMORANDUM DECISION ON DEFENDANT'S MOTION PURSUANT TO FED.R.CIV.P. 12(b)(6) TO DISMISS COMPLAINT

JAMES L. GARRITY, Jr., Bankruptcy Judge.

Peerless Insurance Company ("Peerless" or "plaintiff') is a judgment creditor of James M. Casey ("debtor" or "defendant") in the principal sum of approximately $140,000.00. Peerless commenced this adversary proceeding to obtain a judgment excepting that indebtedness from discharge pursuant to

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