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WOODSON v. GILMER

Nos. 9142, 9229.

331 F.2d 147 (1964)

B. B. WOODSON, Trustee in Bankruptcy for Sterling R. Decker and Mary Jane Decker, partners t/a Berkeley Community Builders, Appellant, v. George GILMER, Appellee. E. V. ECHOLS, Trustee in Bankruptcy, Albert Mahanes Company, Incorporated, Bankrupt, Appellant, v. George GILMER, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 16, 1964.

Attorney(s) appearing for the Case

William S. Aaron, Jr., and Robert M. Musselman, Charlottesville, Va. (Walker, Woodson & Aaron, Charlottesville, Va., on the brief) for appellant in No. 9142.

James H. Michael, Jr., Charlottesville, Va. (Magruder Dent, Jr., and Michael & Dent, Charlottesville, Va., on the brief) for appellant in No. 9229.

Carl E. Hennrich, Charlottesville, Va., for appellee.

Before HAYNSWORTH, BOREMAN and BRYAN, Circuit Judges.

Argued November 8, 1963 (No. 9142) and January 22, 1964 (No. 9229).

HAYNSWORTH, Circuit Judge:

The Referee in Bankruptcy refused to enjoin a creditor from prosecuting in a state court an action attacking state court judgments obtained by the Trustees. The District Court affirmed the Referee's action, and we, in turn, affirm his.

At the time of the bankruptcy, Dr. Decker, the bankrupt individual, claimed an indebtedness of some $37,000 due him on an...

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