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CARTER v. RODGERS

No. 99-13703.

220 F.3d 1249 (2000)

Clyde Thomas CARTER, Plaintiff-Appellant, v. Bob RODGERS, Individually and, in his capacity as Trustee in the Clyde Thomas Carter Bankruptcy, Clements Antiques of Tennessee, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 2, 2000.

Attorney(s) appearing for the Case

Mark Stewart, Winchester, TN, for Plaintiff-Appellant.

Michael J. Velezis, Richard Patrick Carmody, Lange, Simpson, Robinson & Somerville, Birmingham, AL, Misty Smith Kelley, Chattanooga, TN, for Defendants-Appellees.

Before TJOFLAT and HULL, Circuit Judges, and PROPST, District Judge.

HULL, Circuit Judge:

Plaintiff-Debtor Clyde Thomas Carter appeals the district court's dismissal of his civil action based on his failure to seek leave first from the bankruptcy court to file this action. We affirm.

I. BACKGROUND

Plaintiff Clyde Thomas Carter was a debtor in a Chapter 7 bankruptcy proceeding. Defendant Bob Rodgers was the initial Bankruptcy Trustee ("Trustee") in Carter's bankruptcy proceeding. As Trustee, Rodgers appointed Defendant...

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