AER-AEROTRON v. TEXAS DEPT. OF TRANSP.

No. 95-2987.

104 F.3d 677 (1997)

AER-AEROTRON, INCORPORATED, Plaintiff-Appellee, Holmes P. Harden, Trustee-Appellee, v. The TEXAS DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 21, 1997.


Attorney(s) appearing for the Case

ARGUED: Katherine E. Kasten, Assistant Attorney General, Transportation Division, Texas Attorney General's Office, Austin, TX, for Appellant. J. Stephen Ravel, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, Austin, TX, for Appellees. ON BRIEF: Trawick H. Stubbs, Jr., Judith L. Goldsborough, Neal Brickman, Stubbs, Perdue & Ayers, P.A., New Bern, NC, for Appellees.

Before HALL, NIEMEYER, and HAMILTON, Circuit Judges.


Reversed and remanded by published opinion. Judge HALL wrote the majority opinion, in which Judge HAMILTON joined. Judge NIEMEYER wrote a separate opinion concurring in the judgment.

OPINION

K.K. HALL, Circuit Judge:

The Texas Department of Transportation (TDOT) appeals the district court's order that affirmed the bankruptcy court's order denying TDOT's motion to dismiss an adversary proceeding brought...

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