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MURATORE v. DARR

No. 03-2179.

375 F.3d 140 (2004)

Joseph R. MURATORE, Sr., Plaintiff, Appellant, v. Stephen DARR, in his Capacity as Trustee in Bankruptcy Action 91-10365, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 19, 2004.

Attorney(s) appearing for the Case

Robert A. Scott with whom Scott & Scott, P.C., was on brief, for appellant.

William J. Hanlon with whom Seyfarth Shaw LLP, Thomas S. Hemmendinger, Brennan, Recupero, Cascinone, Scungio & McAllister, LLP, were on brief, for appellee.

Before HOWARD, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.

LEVIN H. CAMPBELL, Senior Circuit Judge.

The question on appeal is whether the Barton doctrine bars the bringing of this action in the federal district court against a bankruptcy trustee without the prior permission of the bankruptcy court. The district court dismissed the complaint for lack of subject-matter jurisdiction, and we affirm.

FACTS

The following facts, except a few that are undisputed, are all alleged in Muratore's amended complaint...

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