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IN RE BURTON

Bankruptcy No. 08-01403. Adversary No. 09-00034.

416 B.R. 539 (2009)

In re Dennis BURTON, Debtor. Centra Bank, Inc. and Milan Puskar, Plaintiffs, v. Dennis M. Burton, Defendant.

United States Bankruptcy Court, N.D. West Virginia.

September 18, 2009.

Attorney(s) appearing for the Case

Ronald B. Roteman, The Stonecipher Law Firm, Pittsburgh, PA, for Debtor/Defendant.

William C. Ballard, William F. Dobbs, Jr., Jackson Kelly PLLC, Charleston, WV, for Plaintiffs.

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

Centrua Bank, Inc. and Milan Puskar filed a three-count adversary complaint against Dennis M. Burton (the "Debtor") to except debts from the Debtor's discharge under 11 U.S.C. § 523(a)(4) on grounds of defalcation. The Debtor seeks to dismiss all counts of the adversary complaint on the grounds that the Bank and Mr. Puskar have failed to state a claim.

For the reasons stated herein...

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