IN RE CLAY

No. 94-50507.

35 F.3d 190 (1994)

In re Raymond CLAY and Scott Clay, d/b/a The Emporium, Petitioners.

United States Court of Appeals, Fifth Circuit.

October 3, 1994.


Attorney(s) appearing for the Case

Harrel L. Davis, III, Mounce & Galatzan, El Paso, TX, for petitioners.

H. Christopher Mott, Krafsur, Gordon, Mott, Sanders & Miranda, El Paso, TX, for appellee.

Before HIGGINBOTHAM, SMITH and STEWART, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Raymond and Scott Clay want a jury trial, but not in bankruptcy court. The Clays seek a writ of mandamus to prevent the bankruptcy court from conducting a jury trial in various core proceedings. The argument is that Congress cannot constitutionally empower non-Article III bankruptcy judges to hold jury trials without the parties' consent. Because the applicable statute may fairly be...

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