BAUER v. COMMERCE UNION BANK, CLARKSVILLE, TENN.

No. 87-5617.

859 F.2d 438 (1988)

Charles W. BAUER, Jr. and Nellie P. Bauer, Plaintiffs-Appellants, Robert H. Waldschmidt, Trustee, Plaintiff-Appellee, v. COMMERCE UNION BANK, CLARKSVILLE, TENNESSEE; and Kenneth C. Baines, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 20, 1988.


Attorney(s) appearing for the Case

Michael A. Meyer argued, David N. Burn, Nashville, Tenn., for plaintiffs-appellants.

H. Frederick Humbracht, Dearborn and Ewing, Craig J. Donaldson, James R. Kelley argued, Robert H. Waldschmidt argued, Nashville, Tenn., for defendants-appellees.

Before MARTIN and NELSON, Circuit Judges, and EDWARDS, Senior Circuit Judge.


DAVID A. NELSON, Circuit Judge.

Plaintiffs Charles and Nellie Bauer brought an "outrageous conduct" action against Commerce Union Bank of Clarksville, Tennessee, and one of its officers. The United States District Court for the Middle District of Tennessee entered an order substituting the Bauers' trustee in bankruptcy as plaintiff in their stead. The Bauers took an immediate appeal. We must decide whether the order is appealable at this stage, and, if so, whether...

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