IN RE NVR, LP

Nos. 98-2211, 98-2244, 98-2271, 98-2272, 98-2273.

189 F.3d 442 (1999)

In re NVR, LP, Debtor. NVR Homes, Incorporated, Plaintiff-Appellee, v. Clerks of the Circuit Courts for Anne Arundel County, Maryland; Clerks of the Circuit Courts for Baltimore, Maryland; Clerks of the Circuit Courts for Carroll County, Maryland; Clerks of the Circuit Courts for Frederick County, Maryland; Clerks of the Circuit Courts for Harford County, Maryland; Clerks of the Circuit Courts for Howard County, Maryland; Clerks of the Circuit Courts for Montgomery County, Maryland; Clerks of the Circuit Courts for Prince George's County, Maryland; Clerks of the Circuit Courts for Washington County, Maryland, Defendants-Appellants, and Franklin Park Borough; Hampton Township; Hampton Township School District; Seneca Valley School District; Moon Area School District; Moon Township; North Allegheny School District; Shaler Area School District; Commonwealth of Pennsylvania, Defendants. In Re: NVR, LP, Debtor. NVR Homes, Incorporated, Plaintiff-Appellee, v. Commonwealth of Pennsylvania, Defendant-Appellant, and Franklin Park Borough; Hampton Township; Hampton Township School District; Clerks of the Circuit Courts for Anne Arundel County, Maryland; Clerks Of The Circuit Courts for Baltimore, Maryland; Clerks of The Circuit Courts for Carroll County, Maryland; Clerks of the Circuit Courts for Frederick County, Maryland; Clerks of the Circuit Courts for Harford County, Maryland; Clerks of the Circuit Courts for Howard County, Maryland; Clerks of the Circuit Courts for Montgomery County, Maryland; Clerks of the Circuit Courts for Prince George's County, Maryland; Clerks of the Circuit Courts for Washington County, Maryland; Seneca Valley School District; Moon Area School District; Moon Township; North Allegheny School District; Shaler Area School District, Defendants. In Re: NVR, LP, Debtor. NVR Homes, Incorporated, Plaintiff-Appellee, v. Seneca Valley School District; Shaler Area School District, Defendants-Appellants, and Franklin Park Borough; Hampton Township; Hampton Township School District; Clerks of the Circuit Courts for Anne Arundel County, Maryland; Clerks of the Circuit Courts for Baltimore, Maryland; Clerks of the Circuit Courts for Carroll County, Maryland; Clerks of the Circuit Courts for Frederick County, Maryland; Clerks of the Circuit Courts for Harford County, Maryland; Clerks of the Circuit Courts for Howard County, Maryland; Clerks of the Circuit Courts for Montgomery County, Maryland; Clerks of the Circuit Courts for Prince George's County, Maryland; Clerks of the Circuit Courts for Washington County, Maryland; Commonwealth of Pennsylvania, Defendants. In re NVR, LP, Debtor. NVR Homes, Incorporated, Plaintiff-Appellee, v. Franklin Park Borough; Hampton Township; Hampton Township School District, Defendants-Appellants, and Clerks of the Circuit Courts for Anne Arundel County, Maryland; Clerks of the Circuit Courts for Baltimore, Maryland; Clerks of the Circuit Courts for Carroll County, Maryland; Clerks of the Circuit Courts for Frederick County, Maryland; Clerks of the Circuit Courts for Harford County, Maryland; Clerks of the Circuit Courts for Howard County, Maryland; Clerks of the Circuit Courts for Montgomery County, Maryland; Clerks of the Circuit Courts for Prince George's County, Maryland; Clerks of the Circuit Courts for Washington County, Maryland; Seneca Valley School District; Moon Area School District; Moon Township; North Allegheny School District; Shaler Area School District; Commonwealth of Pennsylvania, Defendants. In re NVR, LP, Debtor. NVR Homes, Incorporated, Plaintiff-Appellee, v. Moon Area School District; Moon Township; North Allegheny School District, Defendants-Appellants, and Franklin Park Borough; Hampton Township; Hampton Township School District; Clerks of the Circuit Courts for Anne Arundel County, Maryland; Clerks of the Circuit Courts for Baltimore, Maryland; Clerks of the Circuit Courts for Carroll County, Maryland; Clerks of the Circuit Courts for Frederick County, Maryland; Clerks of the Circuit Courts for Harford County, Maryland; Clerks of the Circuit Courts for Howard County, Maryland; Clerks of the Circuit Courts for Montgomery County, Maryland; Clerks of the Circuit Courts for Prince George's County, Maryland; Clerks of the Circuit Courts for Washington County, Maryland; Seneca Valley School District; Shaler Area School District; Commonwealth of Pennsylvania, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 12, 1999.

Corrected opinion filed: August 16, 1999.


Attorney(s) appearing for the Case

ARGUED: Julia Melville Andrew, Assistant Attorney General, Baltimore, Maryland, for Appellants. Arnold Murray Weiner, Snyder, Weiner, Weltchek, Vogelstein & Brown, Pikesville, Maryland, for Appellee. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore, Maryland; Robert D. Edmundson, Senior Deputy Attorney General, Pittsburgh, Pennsylvania, for Appellants. James M. Sack, Sack & Associates, McLean, Virginia; Allan P. Hillman, Nathan D. Adler, Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., Baltimore, Maryland, for Appellee.

Before WILKINSON, Chief Judge, and HAMILTON and WILLIAMS, Circuit Judges.


Vacated in part, affirmed in part, and reversed in part by published opinion, Judge WILLIAMS wrote the opinion, in which Judge HAMILTON joined. Chief Judge WILKINSON wrote an opinion concurring in part and concurring in the judgement.

CORRECTED OPINION

WILLIAMS, Circuit Judge:

On October 23, 1995, NVR Homes, Inc. (NVR), a former debtor in bankruptcy, filed a motion in accordance with Federal Rule of...

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