{
  "id": 8525650,
  "name": "YADKIN VALLEY BANK AND TRUST COMPANY, JOHN EVERETT HUTCHINSON and RUTH LAURA DAVIS HUTCHINSON v. NORTHWESTERN BANK, CHORE-BOY, INC., DAIRYMEN, INC. and LINDA McGEE, Trustee",
  "name_abbreviation": "Yadkin Valley Bank & Trust Co. v. Northwestern Bank",
  "decision_date": "1986-05-20",
  "docket_number": "No. 8523SC1378",
  "first_page": "716",
  "last_page": "718",
  "citations": [
    {
      "type": "official",
      "cite": "80 N.C. App. 716"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "pagerank": {
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    "sha256": "e7f67d4c80dd6d4f625df0d43f85eb2a23552ca425a6ba207cf90fa9efd2d926",
    "simhash": "1:8378ec6143cfc271",
    "word_count": 433
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  "last_updated": "2023-07-14T15:01:08.586003+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Arnold and Eagles concur."
    ],
    "parties": [
      "YADKIN VALLEY BANK AND TRUST COMPANY, JOHN EVERETT HUTCHINSON and RUTH LAURA DAVIS HUTCHINSON v. NORTHWESTERN BANK, CHORE-BOY, INC., DAIRYMEN, INC. and LINDA McGEE, Trustee"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Chief Judge.\nThe record before us affirmatively discloses that plaintiffs filed an adversary proceeding in the United States Bankruptcy Court for the Middle District of North Carolina alleging that defendants Dairymen, Inc., Northwestern Bank, and Chore-Boy, Inc., had negligently violated an automatic stay in bankruptcy by removing dairy equipment from a farm operated by plaintiffs Hutchinsons and that defendants\u2019 conduct constituted an unfair and deceptive trade practice. On 19 October 1984, United States Bankruptcy Judge James B. Wolfe, Jr., entered an order dismissing plaintiffs\u2019 complaint against defendants Dairymen, Inc., Northwestern Bank and Chore-Boy, Inc. On 5 June 1985, the judgment of the bankruptcy court was affirmed by United States District Judge Frank W. Bullock, Jr. We hold that the judgment of the United States District Court is res judicata as to plaintiffs\u2019 claim. The record discloses an insurmountable bar to plaintiffs\u2019 claim and therefore the trial court\u2019s entry of summary judgment for defendants was proper.\nAffirmed.\nJudges Arnold and Eagles concur.",
        "type": "majority",
        "author": "HEDRICK, Chief Judge."
      }
    ],
    "attorneys": [
      "Daniel J. Park for plaintiffs, appellants.",
      "Barnett & Alagia, by David B. Perkins, Jr., and Brooks, Pierce, McLendon, Humphrey & Leonard, by Mack Sperling, for defendant, appellee, Dairymen, Inc.",
      "Petree Stockton & Robinson, by Dudley Humphrey and Robert E. Price, Jr., for defendants, appellees, Northwestern Bank and Chore-Boy, Inc."
    ],
    "corrections": "",
    "head_matter": "YADKIN VALLEY BANK AND TRUST COMPANY, JOHN EVERETT HUTCHINSON and RUTH LAURA DAVIS HUTCHINSON v. NORTHWESTERN BANK, CHORE-BOY, INC., DAIRYMEN, INC. and LINDA McGEE, Trustee\nNo. 8523SC1378\n(Filed 20 May 1986)\nJudgments \u00a7 38\u2014 U.S. District Court judgment as res judicata\nA U.S. District Court judgment was res judicata as to plaintiffs\u2019 claim that defendants wrongfully removed equipment from plaintiffs\u2019 farm after plaintiffs had instituted bankruptcy proceedings.\nAppeal by plaintiffs from Rousseau, Judge. Order entered 9 August 1985 in Superior Court, Wilkes County. Heard in the Court of Appeals 14 May 1986.\nThis is a civil action wherein plaintiffs seek to recover damages from defendants alleging that defendant Chore-Boy, Inc., as instructed by defendant Northwestern Bank and defendant Dairymen, Inc., negligently removed dairy equipment from a farm owned by plaintiffs Hutchinsons, after the Hutchinsons had instituted bankruptcy proceedings. Plaintiffs alleged that defendants removed the equipment in violation of the automatic stay provision of 11 U.S.C. Sec. 362. Plaintiffs further alleged that defendants\u2019 conduct constituted unfair and deceptive trade practices and sought treble damages pursuant to G.S. 75-16 and attorney\u2019s fees pursuant to G.S. 75-16.1. On 14 June and 21 June 1985, defendants Dairymen, Inc., Northwestern Bank and Chore-Boy, Inc., filed motions for summary judgment. On 9 August 1985, after a hearing, the trial judge entered an order granting defendants\u2019 motions for summary judgment. Plaintiffs appealed.\nDaniel J. Park for plaintiffs, appellants.\nBarnett & Alagia, by David B. Perkins, Jr., and Brooks, Pierce, McLendon, Humphrey & Leonard, by Mack Sperling, for defendant, appellee, Dairymen, Inc.\nPetree Stockton & Robinson, by Dudley Humphrey and Robert E. Price, Jr., for defendants, appellees, Northwestern Bank and Chore-Boy, Inc."
  },
  "file_name": "0716-01",
  "first_page_order": 744,
  "last_page_order": 746
}