IN RE JOHNSON

No. 91-1403.

960 F.2d 396 (1992)

In re Robert D. JOHNSON, Debtor. CANAL CORPORATION, general partner of the limited partnership of The October 18, 1973 Group; The October 30, 1973 Group; The November 30, 1973 Group; The November 15, 1973 Group; The December 10, 1973 Group; The December 11, 1973 Group; The December 14, 1973 Group; The January 7, No. 91-1403 1974 Group; The January 11, 1974 Group; The January 31, 1974 Group; Resource Evaluation & Development, Incorporated, general partner of the limited partnership of the February 8, 1974 Group; The February 15, 1974 Group; The March 5, 1974 Group; The March 11, 1974 Group; The March 29, 1974 Group; The April 14, 1974 Group; The April 5, 1974 Group, Plaintiffs-Appellants, v. Robert E. FINNMAN; Gerald L. Sacks; Leonard Henschel; Mrs. Leonard Henschel; Carl Starnes; Mrs. Carl Starnes; Robert W. Froehlich; Alan B. Svedlow; Thomas W. Gilliam, Jr.; Ruth Swart Young; Frederick M. Sorrell, Jr.; Richard B. Hudson; Mrs. Richard B. Hudson; William A. Gore; Mrs. William A. Gore, Plaintiffs-Appellees, and Lenora Johnson BROWN; Vail Pischke, Plaintiffs, v. Bruce GOLDSTEIN, Trustee, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided March 26, 1992.


Attorney(s) appearing for the Case

Laurance James Ochs, Washington, D.C., argued (Alan Rosenblum, Rosenblum & Rosenblum, Alexandria, Va., on brief), for plaintiffs-appellants.

Calvin Davison, Crowell & Moring, argued (Melinda B. Thaler, on brief), Washington, D.C., for plaintiffs-appellees.

Before WILKINSON, WILKINS, and HAMILTON, Circuit Judges.


OPINION

HAMILTON, Circuit Judge:

The appellants, Canal Corporation (Canal) and Resource Evaluation and Development, Inc. (RED), appeal from the judgment of the district court affirming the decision of the United States Bankruptcy Court for the Eastern District of Virginia. The decision of the bankruptcy court excluded Canal and RED from participating on equal grounds with the appellees in the distribution of a constructive...

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