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ROBB EVANS & ASSOCIATES, LLC v. HOLIBAUGH

No. 09-1429.

609 F.3d 359 (2010)

ROBB EVANS & ASSOCIATES, LLC, as Receiver over the Assets of Andris Pukke and DebtWorks, Inc., Plaintiff-Appellee, v. Jeffrey HOLIBAUGH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 2010.

Attorney(s) appearing for the Case

ARGUED: Mitchell Jay Rotbert, Rotbert Law Group, LLC, Rockville, Maryland, for Appellant. Gary Owen Caris, McKenna, Long & Aldridge, LLP, Los Angeles, California, for Appellee. ON BRIEF: Lesley Anne Hawes, McKenna, Long & Aldridge, LLP, Los Angeles, California, for Appellee.

Affirmed by published opinion. Judge SHEDD wrote the majority opinion, in which Senior Judge ALARCÓN joined. Judge GREGORY wrote a dissenting opinion.

OPINION

SHEDD, Circuit Judge:

After Robb Evans & Associates, LLC ("REA") was appointed receiver over the assets of Andris Pukke, it brought this action against Jeffrey Holibaugh to recover receivership property—specifically, payment on a promissory note. The district court granted summary judgment in favor of REA and denied Holibaugh's post-judgment motion to set aside the judgment and dismiss. Holibaugh...

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