IN RE MOODY

Nos. M-84-90, B-83-01490C-11, C-84-1174-G, Adv. Nos. A-84-0062, 83-0550.

46 B.R. 231 (1985)

In re Shearn MOODY, Jr., Debtor. United States of America, United States Senate, Speaker and Bipartisan Leadership Group of the House of Representatives and Bankruptcy Judges Lundin, McFeeley, Norton, Paine, Robinson and Votolato, Intervenors. Shearn MOODY, Jr., Plaintiff, v. EMPIRE LIFE INSURANCE COMPANY, Honorable Tharpe Forrester, Receiver, Defendant. Shearn MOODY, Jr., Appellant, v. EMPIRE LIFE INSURANCE CO. OF AMERICA, Receiver, and John Peterson, Trustee, Appellees. Shearn MOODY, Jr., Plaintiff, v. MOODY NATIONAL BANK OF GALVESTON and Tharpe Forrester, Commissioner of Insurance, Defendants.

United States District Court, M.D. North Carolina, Greensboro Division.

January 30, 1985.


Attorney(s) appearing for the Case

Jane Ford, of Ford & Ventura, Houston, Tex., for plaintiff.

Richard K. Willard, Acting Asst. Atty. Gen., Kenneth W. McAllister, U.S. Atty. and Richard L. Robertson, Asst. U.S. Atty., Greensboro, N.C., for the Middle District of N.C. and Paul Blankenstein, Judith F. Ledbetter, Mona S. Butler, Harold N. Iselin, U.S. Dept. of Justice, Civil Division, Washington, D.C., for intervenor United States.

Michael Davidson, Senate Legal Counsel, M. Elizabeth Culbreth, Deputy Senate Legal Counsel, Morgan J. Frankel, Asst. Senate Legal Counsel, Washington, D.C., for intervenor United States Senate.

Steven R. Ross, General Counsel to the Clerk, Charles Tiefer, Deputy General Counsel to the Clerk, Michael L. Murray, Asst. Counsel to the Clerk, U.S. House of Representatives, Washington, D.C., for intervenors Speaker and Bipartisan Leadership Group of the U.S. House of Representatives.

Richard Lieb and Laurence J. Kaiser of Kronish, Lieb, Shainswit, Weiner & Hellman, New York City, and Gerald S. Schafer, Greensboro, N.C., for Bankruptcy Judges Keith M. Lundin, Mark B. McFeeley, William L. Norton, Jr., George C. Paine, II, Hugh Robinson, Arthur N. Votolato, Jr.


MEMORANDUM ORDER

HIRAM H. WARD, Chief Judge.

There are four motions in this bankruptcy case pending before the Court. On October 25, 1984, the debtor moved the Court to withdraw its reference of his case to the bankruptcy judges of this district, declare the Bankruptcy Amendments and Federal Judgeship Act of 1984 (1984 Act) unconstitutional, and rescind this district's Standing Order No. 10 (August 15, 1984) referring cases, matters, and proceedings in bankruptcy...

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