YADKIN VALLEY BANK & TRUST CO. v. McGEE

No. 86-1685.

819 F.2d 74 (1987)

YADKIN VALLEY BANK & TRUST CO.; John Everett Hutchinson; Ruth Laura Davis Hutchinson, Plaintiffs-Appellants, v. Linda McGEE, Trustee, Defendant-Appellee, and Northwestern Bank; Chore Boy, Inc.; Dairymen, Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 1987.


Attorney(s) appearing for the Case

Daniel J. Park, Elkin, N.C., on brief, for plaintiffs-appellants.

R. Bradford Leggett, Allman, Spry, Humphreys, Leggett & Howington, Winston-Salem, N.C., on brief, for defendant-appellee.

Before CHAPMAN, and WILKINS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


CHAPMAN, Circuit Judge:

This appeal arises from the claim by appellants, Yadkin Valley Bank and Trust Company, and John and Ruth Hutchinson, against Linda McGee, the trustee in bankruptcy of the Hutchinson estate. Appellants in this action allege that the trustee breached her duties by failing to expeditiously sell the Hutchinsons' Dairy Farm while it remained intact. The bankruptcy court granted summary judgment in favor of the trustee, and the district court affirmed...

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