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PETTITT v. BAKER

No. 88-1687.

876 F.2d 456 (1989)

Edwin William PETTITT, Jr. and Erwin Smith McGee, Plaintiffs-Appellants, v. Don BAKER, Geoffrey Price, and Baker & Price, P.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 30, 1989.

Attorney(s) appearing for the Case

Mark Cohen, Austin, Tex., for plaintiffs-appellants.

Broadus Autry Spivey, Paul E. Knisely, and Spivey, Grigg, Kelly & Knisely, Austin, Tex., for defendants-appellees.

Before REAVLEY and POLITZ, Circuit Judges, and HUNTER, District Judge.

POLITZ, Circuit Judge:

Edwin William Pettitt and his attorney, Erwin Smith McGee, seek damages from Don Baker, Geoffrey Price, and Baker & Price, P.C. for willful violations of an automatic stay in bankruptcy, 11 U.S.C. § 362(a). The district court granted summary judgment in favor of the defendants based on its determination that no private cause of action for such exists under the Bankruptcy Act of 1978. Concluding...

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