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IN RE VISTACARE GROUP, LLC

No. 11-2695.

678 F.3d 218 (2012)

In re VISTACARE GROUP, LLC, et al., Debtors. William G. Schwab, Trustee, Appellant.

United States Court of Appeals, Third Circuit.

Filed: May 4, 2012.

Attorney(s) appearing for the Case

Frank J. Lavery , (Argued), Sunshine J. Thomas , Lavery, Faherty, Young & Patterson, Harrisburg, PA, for Appellant.

Barry W. Sawtelle , (Argued), Kozloff Stoudt , Wyomissing, PA, for Appellee.

John H. Doran , Doran & Doran, Wilkes-Barre, PA, Barry A. Solodky , Blakinger, Byler & Thomas, Lancaster, PA, for Debtor.

Martin P. Sheehan , (Argued), Sheehan & Nugent, Wheeling, WV, for Amicus Appellant, National Association of Bankruptcy Trustees.

Before: McKEE, Chief Judge, FISHER and GREENAWAY, JR., Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

William Schwab appeals from an order of the District Court affirming an order of the Bankruptcy Court granting CGL, LLC's motion for leave to sue Schwab in the Lancaster County, Pennsylvania, Court of Common Pleas for actions taken in his capacity as trustee of the bankruptcy estate of VistaCare Group, LLC. The primary question on appeal is whether the Barton doctrine, which requires a party seeking to sue...

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