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CREASY v. COLEMAN FURNITURE CORP.

Nos. 84-2033(L), 84-2034.

763 F.2d 656 (1985)

Roy V. CREASY, Trustee, Appellee, v. COLEMAN FURNITURE CORPORATION, Bank of Virginia Trust Company and Wachovia Bank and Trust Company, N.A., Defendants, and Joe B. Shumate, Jr., T/A Coleman Furniture Company, Appellant, and NCNB Financial Services, Inc., Defendant. Dianne D. TURMAN, Appellant, v. Joseph B. SHUMATE, Jr., Roland D. Gunn, Bank of Virginia Trust Company, and Wachovia Bank and Trust Co., N.A., Defendants, and Roy V. Creasy, Trustee, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 6, 1985.

Attorney(s) appearing for the Case

Richard E.B. Foster and Charles D. Fox, III, Roanoke, Va. (Woodward, Fox, Wooten & Hart, Roanoke, Va., on brief), for appellants.

Daniel F. Layman, Jr., Roanoke, Va. (Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., on brief) and Roy V. Creasy, Roanoke, Va. (Wilson, Vogel, Creasy & Hambrick, James F. Douthat; Dianne H. Wilcox; Hazlegrove, Dickinson, Rea, Smeltzer & Brown, Roanoke, Va., on brief), for appellees.

Before HALL and SNEEDEN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

SNEEDEN, Circuit Judge:

Coleman Furniture Company filed for reorganization under Chapter 11 of the Bankruptcy Act on November 3, 1982. In July of 1983, the Coleman Furniture bankruptcy action was converted to a Chapter 7 liquidation action. The Chapter 7 trustee, Roy Creasy, filed an adversary proceeding in bankruptcy court in which he sought to determine the rights to funds of the Coleman Furniture Company employee pension fund and to recover any excess funds as...

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