LANKFORD v. WAGNER

No. 16-2221.

853 F.3d 1119 (2017)

David LANKFORD; Lee Ann Lankford, Plaintiffs-Appellants, v. Judith WAGNER, Chapter 11 Trustee of the bankruptcy estate of the Vaughan Company Realtors; Arland & Associates, LLC; James A. Askew; Edward A. Mazel; Daniel White, of Askew & Mazel, LLC, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED April 7, 2017.


Attorney(s) appearing for the Case

Submitted on the briefs:*

David Lankford and Lee Ann Lankford, Pro Se.

Briggs Cheney , Joshua A. Allison , Sheehan & Sheehan, P.A., Albuquerque, New Mexico, for Judith Wagner , James A. Askew , Edward A. Mazel , and Daniel White , Defendants-Appellees.

Terry R. Guebert , Elizabeth M. Piazza , Guebert Bruckner P.C., Albuquerque, New Mexico, for Arland & Associates, L.L.C., Defendant-Appellee.

Before KELLY, MATHESON, and McHUGH, Circuit Judges.


David and Lee Ann Lankford filed this lawsuit against a bankruptcy trustee and her counsel without first applying for and receiving permission under Barton v. Barbour, 104 U.S. 126, 26 S.Ct. 672 (1881), and its progeny (the "Barton doctrine"). The district court concluded that...

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