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CLAUGHTON v. MIXSON

No. 93-2048.

33 F.3d 4 (1994)

Edward N. CLAUGHTON, Jr., Plaintiff-Appellant, v. Beverly A. MIXSON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 17, 1994.

Attorney(s) appearing for the Case

ARGUED: Joseph Branch Craige, Kluttz, Kennedy, Covington, Lobdell & Hickman, L.L.P., Charlotte, NC, for appellant. Garland Stuart Cassada, Robinson, Bradshaw & Hinson, P.A., Charlotte, NC, for appellee. ON BRIEF: Ashley Lee Hogewood, III, Amy Lee Pritchard, Kennedy, Covington, Lobdell & Hickman, L.L.P., Charlotte, NC, for appellant. Allen Keith Robertson, Robinson, Bradshaw & Hinson, P.A., Charlotte, NC, for appellee.

Before RUSSELL and WILKINSON, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Affirmed by published opinion. Judge RUSSELL wrote the opinion, in which Judge WILKINSON and Senior Judge CHAPMAN, joined.

OPINION

RUSSELL, Circuit Judge:

Edward Claughton, Jr. ("debtor") appeals the district court's order affirming the decision of the bankruptcy court to grant Beverly Mixson ("Mixson"), the debtor's former wife, relief from the automatic stay provision of 11 U.S.C. § 362(a) and allow funds from the bankruptcy estate to be distributed...

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