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IN RE R & R ASSOCIATES OF HAMPTON

No. 04-1610.

402 F.3d 257 (2005)

In re R & R ASSOCIATES OF HAMPTON, Debtor. Dennis Bezanson, Trustee of the Estate of R & R Associates of Hampton, Appellant, v. Thomas J. Thomas, Jr., et al., Appellees.

United States Court of Appeals, First Circuit.

Decided March 31, 2005.

Attorney(s) appearing for the Case

William S. Gannon, for appellant.

Robert M. Daniszewski, with whom Danis Lewis Law Office was on brief for appellees.

Before LIPEZ, Circuit Judge, COFFIN and CYR, Senior Circuit Judges.

CYR, Senior Circuit Judge.

Dennis Bezanson, chapter 7 trustee for the bankrupt estate of R & R Associates of Hampton ("R & R"), appeals from a bankruptcy court ruling that counsel who previously had served as chapter 11 counsel to R & R, notwithstanding a disqualifying conflict of interest, nonetheless were not liable in damages, either for malpractice or breach of fiduciary duty. We vacate the judgment and remand for the entry of judgment for Bezanson...

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