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OPINION DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
DALE L. SOMERS, Bankruptcy Judge
This proceeding is before the Court on the Defendant's motion for summary judgment. The Defendant appears by counsel Ronald S. Weiss of Berman DeLeve Kuchan & Chapman, L.C., and Steven R. Smith of Gates, Shields & Ferguson, P.A. The Plaintiff appears by counsel James F.B. Daniels of McDowell Rice Smith & Buchanan. The Court...
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