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IN RE SOUTHEAST BANKING CORP.

No. 97-5483.

204 F.3d 1322 (2000)

In re: SOUTHEAST BANKING CORPORATION, Debtor. Jeffrey H. Beck, as Trustee of Southeast Banking Corporation, Plaintiff-Appellant, v. Florence S. Bassett, as Personal Representative of the Estate of Harry Hood Bassett, Donald N. Boyce, et al., Defendants-Intervenors-Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 3, 2000.

Attorney(s) appearing for the Case

Michael R. Smith, King & Spalding, Atlanta, GA, Robert C. Josefsberg, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Michael Nachwalter, Harry Richard Schafer, Kenny, Nachwalter, Seymour, Arnold, Critchlow & Spector, P.A., Miami, FL, James R. Warnot, Jr., Stuart J. Baskin, Shearman & Sterling, Jerome G. Snider, Davis, Polk & Wardwell, New York City, for Defendants-Intervenors-Defendants-Appellees.

Emmet J. Bondurant, Randi Engel Schnell, Lynn M. Adam, Bondurant, Mixson & Elmore, LLP, Atlanta, GA, for Plaintiff-Appellant.

Before EDMONDSON and BIRCH, Circuit Judges, and OWENS, Senior District Judge.

BIRCH, Circuit Judge:

Plaintiff-Appellant Jeffrey H. Beck ("Beck"), as Trustee of Debtor Southeast Banking Corporation ("Debtor" or "Southeast"), appeals the district court's order dismissing the complaint against Defendants-Appellees ("Defendants"), who were directors and/or officers of Debtor. Beck argues that the district court erred in dismissing this case as a sanction for discovery violations. We REVERSE and REMAND for consideration and implementation of less...

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