HOGUE v. MILODON ENGINEERING, INC.

No. 83-1857.

736 F.2d 989 (1984)

Dale C. HOGUE and Carolyn J. Hogue, individually and t/a Edgewood Farm and Dale C. Hogue, individually and t/a Hogue & Company, Appellants, v. MILODON ENGINEERING, INC.; Donald R. Alderson, individually and President of Milodon Engineering, Inc. and Dean Francis Pace, individually and as counsel for Milodon Engineering, Inc., Appellees. In re Dale C. HOGUE and Carolyn J. Hogue, individually and t/a Edgewood Farm and Dale C. Hogue, individually and t/a Hogue & Company, Debtors.

United States Court of Appeals, Fourth Circuit.

Decided June 20, 1984.


Attorney(s) appearing for the Case

Robert M. Musselman, Charlottesville, Va., Roger K. Grillo, Norfolk, Va. (Wanda F. Brown, Robert M. Musselman & Associates, Charlottesville, Va., on brief), for appellants.

Wendall L. Winn, Jr., Charlottesville, Va. (Matthew B. Murray, Richmond & Fishburne, Charlottesville, Va., on brief), for appellees.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge, and RAMSEY, District Judge.


HARRISON L. WINTER, Chief Judge:

This case requires the determination of whether, under the Bankruptcy Act of 1898, 11 U.S.C. § 1 et seq. (repealed 1979), a bankruptcy court has jurisdiction to enjoin defendants resident outside of its territorial district from prosecuting an action against a debtor discharged in proceedings before it. The district court concluded that it lacked jurisdiction, but we conclude otherwise. We reverse the judgment and remand...

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