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RAMSAY v. VOGEL

No. 91-3592.

970 F.2d 471 (1992)

Richard L. RAMSAY, Trustee, Plaintiff-Appellant, v. Robert A. VOGEL, Richard C. Downing, agent for Milton T. Schaeffer, Richard C. Downing, Attorney for Joe D. Whisenhunt, Joe D. Whisenhunt and Wingfield Martin, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1992.

Attorney(s) appearing for the Case

C. Richard Crockett, Little Rock, Ark., argued for plaintiff-appellant.

Davis M. Powell, Little Rock, Ark., argued for defendants-appellees.

Before RICHARD S. ARNOLD, Chief Judge, FRIEDMAN, Senior Circuit Judge, and LOKEN, Circuit Judge.

DANIEL M. FRIEDMAN, Senior Circuit Judge.

Section 363(n) of the Bankruptcy Act permits a bankruptcy trustee to "avoid" a sale of the bankruptcy estate's property or to recover damages "if the sale price was controlled by an agreement among potential bidders at such sale." 11 U.S.C. § 363(n) (1988). The district court held that § 363(n) applies only to sales of property at public auction, and therefore dismissed a bankruptcy trustee's complaint alleging that...

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