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IN RE HUTCHINSON

No. 92-1988.

5 F.3d 750 (1993)

In re John Everett HUTCHINSON and Ruth Laura Davis Hutchinson, a/k/a Johnny's Roofing, Debtors. 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 September 16, 1993.

Attorney(s) appearing for the Case

Daniel Joseph Park, Daniel J. Park, P.A., Elkin, NC, argued, for plaintiffs-appellants.

R. Bradford Leggett, Allman, Spry, Humphreys, Leggett & Howington, P.A., Winston-Salem, NC, argued, for defendant-appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and HAMILTON and WILLIAMS, Circuit Judges.

OPINION

WILLIAMS, Circuit Judge:

This appeal concerns allegations of negligence made against a bankruptcy trustee in her official capacity. The debtors, John Everett Hutchinson and Ruth Laura Hutchinson, contend that the trustee, Linda McGee, failed to sell their dairy farm as expeditiously as possible. They argue that McGee should have quickly accepted and obtained court approval of an offer she had received that would have covered all encumbrances on the...

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