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IN THE MATTER OF FERNANDEZ

Nos. 96-31013, 97-30529.

130 F.3d 1138 (1997)

In the Matter of Julian E. FERNANDEZ, Estate of, Debtor, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, State of Louisiana, Appellant, v. PNL ASSET MANAGEMENT COMPANY LLC; Jean O. Turner, Appellees. In the Matter of Julian E. FERNANDEZ, Debtor, STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Appellee, v. Jean O. TURNER, trustee; PNL Asset Management Company, Appellants.

United States Court of Appeals, Fifth Circuit.

December 10, 1997.

Attorney(s) appearing for the Case

Ronald J. Bertrand, Bertrand & Soileau, Rayne, LA, for Dept. of Transp. and Dev., State of La.

Mark Bernard Stern, Michael Eugene Robinson, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for United States.

Gerald F. Slattery, Jr., Paul J. Goodwin, Schully, Roberts, Slattery & Jaubert, New Orleans, LA, for PNL Asset Management Company LLC.

Jan M. Hayden, Robyn Jeana Spalter, Tristan Edwards Manthey, Bronfin & Heller, New Orleans, LA, for Jean O. Turner.

Leonard Howard Gerson, Angel & Frankel, New York City, for Business Bankruptcy Law Committee of the New York County Lawyers' Association, Amicus Curiae.

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

ORDER ON PETITION FOR REHEARING

(Opinion September 15, 1997, 5th Cir., 1997, 123 F.3d 241)

PER CURIAM:

It is ORDERED that the petitions for rehearing filed in the above case are DENIED. We revise the last paragraph of Section III and the first paragraph of Section IV to read as follows:

It is well-established that the Eleventh Amendment does not bar the United States government from filing suit in federal...

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