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DUNCAN v. FURROW AUCTION CO.

No. 76-1550.

564 F.2d 1107 (1977)

W. Earl DUNCAN, James R. Duncan, Hoyt P. Piver, and Avery A. Piver, Appellants, v. FURROW AUCTION COMPANY, Advancement, Inc., Glenn Penninger, and Small Business Administration, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 20, 1977.

Attorney(s) appearing for the Case

Ralph C. Jorgensen, Tabor City, N. C., for appellants.

Joseph W. Dean, Asst. U. S. Atty., Raleigh, N. C. (Carl L. Tilghman, U. S. Atty., Christine A. Witcover, Asst. U. S. Atty., Raleigh, N. C., on brief), for appellees.

Before CRAVEN and WIDENER, Circuit Judges, and COPENHAVER, District Judge.

WIDENER, Circuit Judge:

Plaintiff-appellants, Duncan, et al, owners of 80 percent of the capital stock of Auto Vac Company, Inc., brought this action in the North Carolina state courts to enjoin foreclosure sales under deeds of trust of Auto Vac's property by defendant-appellees, Glenn Penninger (an employee of the Small Business Administration), Advancement, Inc. (a note holder), and Furrow Auction Company (the auctioneer). Plaintiffs alleged that defendants, Advancement...

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