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AUCLAIR v. SHER

No. 94-50821.

63 F.3d 407 (1995)

Jean AUCLAIR, Plaintiff-Counter-Defendant-Appellee, v. Joann SHER, Vincent Giffuni, and Catherine Giffuni, Defendants-Counter-Plaintiffs-Appellants.

United States Court of Appeals, Fifth Circuit.

As Corrected October 13, 1995.

Attorney(s) appearing for the Case

C. Alfred Mackenzie, James E. Wren, Waco, TX, for appellants.

David E. Cherry, Aubrey R. Williams, Billy H. Davis, Jr., Waco, TX, for appellee.

Before REYNALDO G. GARZA, KING and HIGGINBOTHAM, Circuit Judges.

KING, Circuit Judge:

In this case, we are called upon to determine whether a private individual who is the beneficiary of a restitution award entered in a criminal case may enforce the award in the same manners as the United States can under 18 U.S.C. § 3663(h). The district court held that the rights of the private individual to enforce such an award are not as extensive as those of the government. We affirm in part...

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