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McMERTY v. HERZOG

No. 81-1071.

661 F.2d 1184 (1981)

James McMERTY, as Successor Trustee in the matter of Endeco, Inc., formerly a/k/a Environmental Development Corporation of North Dakota, a/k/a EDC, Inc., Lincorp Cavalier Estates, Inc., Environmental Development Corp., Inc., and E.D.C., Inc., Debtors, Appellees, v. James H. HERZOG and Donna M. Herzog, Appellants. Clinton E. Foslien; Irma Foslien; Paul R. Frazee, Mildred H. Frazee; Harold Engebretson d/b/a Engebretson Plumbing and Heating.

United States Court of Appeals, Eighth Circuit.

Decided October 21, 1981.

Rehearing Denied November 9, 1981.

Certiorari Denied February 22, 1982.

Attorney(s) appearing for the Case

Douglas W. Thomson, Cortland J. Silver, Jr., Douglas W. Thomson Law Firm, Saint Paul, Minn., for appellants.

Alice K. Olson, Lamb, Schaefer, McNair, Larson & Olson, Ltd., Fargo, N. D., for appellees.

Before BRIGHT, Circuit Judge, GIBSON, Senior Circuit Judge, and ROSS, Circuit Judge.

Certiorari Denied February 22, 1982. See 102 S.Ct. 1439.

PER CURIAM.

This appeal arises from a district court1 order imposing a constructive trust on property purchased by James and Donna Herzog. The district court found that the property was acquired and improved with funds which James Herzog acquired in breach of his fiduciary duty as a trustee in bankruptcy. We affirm the district court order.

James Herzog was trustee...

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