In the Matter of Georgia Paneling Supply, Inc

Full title: IN THE MATTER OF GEORGIA PANELING SUPPLY, INC., BANKRUPT. INTERNATIONAL…

Court: United States Court of Appeals, Fifth Circuit

Date published: May 8, 1980

616 F.2d 893 (5th Cir. 1980)

Opinion

No. 79-1076.

May 8, 1980.

Winford Kent Bishop, Atlanta, Ga., Ben R. Swank, Jr., Kansas City, Mo., for appellants.

Douglas L. Cronkright, C. Edward Dobbs, R. William Ide, III, John C. Pennington, Atlanta, Ga., for appellees.

Appeal from the United States District Court for the Northern District of Georgia; RICHARD C. FREEMAN, Judge.

Before HATCHETT and TATE, Circuit Judges and GROOMS^_, District Judge.

_ District Judge of the Northern District of Alabama, sitting by designation.

PER CURIAM:

Rehearing was granted, 613 F.2d 137 (5 Cir. 1979), vacating our panel opinion, 607 F.2d 117 (5 Cir. 1979), which had affirmed the ruling of the district court. The district court affirmed the bankruptcy court's denial of the appellant's Fed.R.Civ.P. 60(b) motion seeking relief from a judgment of the district court approving a settlement by the trustee previously approved by the bankruptcy court. After reviewing the contentions of the appellants once again in the light of the record, we reinstate the prior panel opinion. The appellee's motion for assessment of attorney fees against the appellants for frivolous appeal is denied.

AFFIRMED.