UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT GARTH E. MCGILLEWIE; CYNTHIA J. MCGILLEWIE, Plaintiffs-Appellants, HYDRA MACHINERY COMPANY, INCORPORATED, Debtor-Appellant, No. 95-2897 v. PARKER, POE, ADAMS & BERNSTEIN, P.A., formerly known as Parker, Poe, Thompson, Bernstein, Gage & Preston, a North Carolina General Partnership, Defendant-Appellee. GARTH E. MCGILLEWIE; CYNTHIA J. MCGILLEWIE, Plaintiffs-Appellees, HYDRA MACHINERY COMPANY, INCORPORATED, Debtor-Appellee, No. 95-2931 v. PARKER, POE, ADAMS & BERNSTEIN, P.A., formerly known as Parker, Poe, Thompson, Bernstein, Gage & Preston, a North Carolina General Partnership, Defendant-Appellant.Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, District Judge. (CA-93-90-3-MU) Argued: July 9, 1996 Decided: August 16, 1996 Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

_________________________________________________________________ Affirmed by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL ARGUED: Seth R. Cohen, SMITH, FOLLIN & JAMES, Greensboro, North Carolina, for Appellants. C. Ralph Kinsey, Jr., UNDERWOOD, KINSEY, WARREN & TUCKER, P.A., Charlotte, North Carolina, for Appellee. ON BRIEF: Norman B. Smith, SMITH, FOLLIN & JAMES, Greensboro, North Carolina, for Appellants.

_________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

_________________________________________________________________ OPINION PER CURIAM:In August 1985, Hydra Machinery Company, Inc. executed a contract with Moog Maschinenvertrieb under which Hydra was designated the exclusive United States importer of Moog Maschinenvertrieb's under-bridge repair equipment. Contending that Moog Maschinenvertrieb breached the contract by s upplying defective equipment and failing to insure it properly, Hydra retained Parker, Poe, Adams
2& Bernstein to sue Moog Maschinenvertrieb for breach of contract, breach of warranties, and unfair and deceptive trade practices. Parker, Poe, Adams & Bernstein prepared the complaint, filed it, served it bymail on Moog Maschinenvertrieb in Germany, and, when Moog Maschinenvertrieb failed to respond, obtained a default judgment in theamount of $1,183,266. When the law firm sought to enforce the judgment in Minnesota against assets allegedly shipped there by Moog Maschinenvertrieb, a Minnesota state court vacated the judgment because Moog Maschinenvertrieb had not been served in the manner specified by the Hague Convention. Hydra and its principals, Garth McGillewie and his wife, Cynthia McGillewie, subsequently filed a consolidated, voluntary petition inbankruptcy. Their trustee in bankruptcy filed this action against Parker, Poe, Adams & Bernstein, alleging in their final amended complaint that the firm was negligent (1) in failing to serve the properperson, i.e., Alfons Moog, because Moog Maschinenvertrieb allegedly was not a legal entity, and (2) in failing to effect service in the manner prescribed by the Hague Convention. Parker, Poe, Adams & Bernstein responded that (1) the plaintiffscould have re-served the proper Moog interest under the Hague Convention, but refused to do so; (2) the plaintiffs did not demonstratethey had been damaged; (3) the plaintiffs failed to show that the judgment was collectible; and (4) the malpractice action was in any event barred by statutes of limitations and repose. The district court, addressing some of these defenses, ultimately granted the law firm's motion for summary judgment on the ground that plaintiffs failed to demonstrate their judgment was collectible. See Rorrer v. Cooke , 329 S.E.2d 355, 369 (N.C. 1985). Having carefully considered the briefs and arguments of counsel, we affirm on the reasoning of the district court as set forth in its order dated September 15 (filed September 18), 1995, on the issue of the collectibility of the default judgment. See In re McGillewie , No. 93-CV-90 (W.D.N.C. Sept. 15, 1995).
AFFIRMED 3