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McMERTY v. HERZOG

Nos. 82-2224, 82-2225.

702 F.2d 127 (1983)

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., Lindcorp, Cavalier Estates, Inc., Environmental Development Corp., Inc., and E.D.C., Inc., Debtors, Appellee, v. James H. HERZOG, predecessor Trustee, individually, Appellant. 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., Lindcorp, Cavalier Estates, Inc., Environmental Development Corp., Inc., and E.D.C., Inc., Debtors, Appellee, v. James H. HERZOG, predecessor Trustee, individually, Donna Herzog, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 10, 1983.

Rehearing Denied June 15, 1983.

Attorney(s) appearing for the Case

Michael D. McNair, Lamb, Schaefer, McNair & Larson, Ltd., Fargo, N.D., for appellee.

Donna Herzog, pro se.

James H. Herzog, pro se.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and FAGG, Circuit Judge.

HENLEY, Senior Circuit Judge.

James McMerty, the trustee in bankruptcy for Endeco, Inc., brought this action against James H. Herzog, McMerty's predecessor as Endeco's trustee, to recover funds allegedly dissipated through negligence and mismanagement by Herzog while he was trustee for Endeco. McMerty applied for a writ of attachment against all property owned by Herzog, including land known as the "Burritt land."1 The Burritt land was...

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