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IN RE MONTGOMERY

Bankruptcy No. 98-31995. Adversary No. 99-7007.

236 B.R. 914 (1999)

In re Dennis Robert MONTGOMERY and Marlys Joan Montgomery, Debtors. E.W. Wylie Corporation, Plaintiff, v. Dennis Robert Montgomery, Defendant.

United States Bankruptcy Court, D. North Dakota.

July 9, 1999.

Attorney(s) appearing for the Case

Joseph A. Turman, Fargo, ND, for Debtors.

Kip M. Kaler, Fargo, ND, trustee.

MEMORANDUM OPINION AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

This matter arises by Complaint filed on February 1, 1999, by Plaintiff E.W. Wylie Corporation ("Wylie" or "plaintiff," alternatively), against Debtor-Defendant Dennis Robert Montgomery ("Montgomery"), alleging, inter alia, that Montgomery obtained the use of Wylie's property and services by means of false pretenses, false representations, and actual fraud; that he breached his fiduciary...

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