UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-11174
Summary Calender
In The Matter Of:
ALPHONSO SOLOMON,
Debtor.
____________________
ALPHONSO SOLOMON; JANET M. SOLOMON,
Appellants,
V.
ROBERT MILBANK, JR.,
Appellee.
Appeal from the United States District Court
for the Northern District of Texas -- Dallas Division
No. 3:98-CV-1033-P
June 23, 2000
Before SMITH, BARKSDALE and PARKER, Circuit Judges.
PER CURIAM:1
Appellants, Chapter 7 debtors, appeal the district court’s
affirmance of the bankruptcy court’s grant of summary judgment in
1
Pursuant to 5TH CIR. R. 47.5, the Court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
favor of appellee Robert Milbank, Jr., the Solomons’ Chapter 7
trustee. Appellants, unsatisfied with the performance of their
trustee, brought suit against him asserting 19 causes of action
sounding in negligence, gross negligence and breach of fiduciary
duty. Appellants sought recovery in the amount of $2 million.
On appeal before the district court, Appellants asserted 24
points of error, generally arguing that the bankruptcy court
erred (1) by denying them the opportunity to conduct discovery,
(2) by failing to strike Appellee’s motion for summary judgment,
(3) by finding that Appellee had satisfied his burden on numerous
aspects of the motion, (4) and by making improper factual
determinations.
Before us, Appellants put forth eight points of error, all
issues that received thorough consideration by the bankruptcy and
district courts. Upon due consideration of the submissions of
the parties and the augmented record, we find no reversible
error. Accordingly, we AFFIRM.
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