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Civil Procedure Keyed to Marcus
Halpern v. Schwartz
Facts
Appellee opposed Appellant’s discharge from bankruptcy based upon one of the three charges. The Appellee moved for summary judgment denying Appellant a discharge on the ground that there was no defense to the charge, because the issue had previously been concluded in the bankruptcy adjudication and, thus, was res judicata. The referee granted summary judgment for the Appellee and the decision was affirmed on petition to the United States District Court for the Eastern District of New York for review.
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