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HENDRICK v. AVENT

No. 89-3102.

891 F.2d 583 (1990)

Rodney D. HENDRICK, Plaintiff-Appellant, v. H.E. AVENT, et al., An Unincorporated Association, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 11, 1990.

Attorney(s) appearing for the Case

Randall A. Smith, George C. Freeman, III, Michael R. Fontham, Stone Pigman, Walther, Wittman & Hutchinson, New Orleans, La., for plaintiff-appellant.

John L. Avant, Baton Rouge, La., for John C. Lindsay and Brantley T. Burnett.

Russ M. Herman, Steven J. Lane, Matthew P. Chenevert, New Orleans, La., R. Wayne Byrd, Florence, S.C., for H.E. Avent, Fink and Kinney.

Before GARZA, WILLIAMS, and DAVIS, Circuit Judges.

GARZA, Circuit Judge:

Rodney D. Hendrick appeals the district court's grant of summary judgment in favor of defendants-appellees. 96 B.R. 620. Because we find this action is an improper collateral challenge to a final judgment and cannot constitute a proper direct challenge, we affirm.

I. How It All Started.

Rodney D. Hendrick ("Hendrick") filed a voluntary petition under...

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