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IN RE HOOD

No. 01-5769.

319 F.3d 755 (2003)

In re Pamela L. HOOD, Debtor. Pamela L. Hood, Appellee, v. Tennessee Student Assistance Corporation, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 3, 2003.

Attorney(s) appearing for the Case

Leonard H. Gerson (argued and briefed), Angel & Frankel, New York, NY, William A. Cohn (briefed), Cohn Law Firm, Cordova, TN, for Appellee.

Marvin E. Clements, Jr., Asst. Atty. Gen. (argued and briefed), Office of the Attorney General, Bankruptcy & Collection Division, Nashville, TN, for Appellant.

Michelle T. Sutter (briefed), Ohio Attorney General, Columbus, OH, Richard N. Coglianese (briefed), Office of the Attorney General, Employment Law Section, Columbus, OH, Elise W. Porter (briefed), Office of the Attorney General, Columbus, OH, for Amicus Curiae.

Before: KENNEDY and MOORE, Circuit Judges; DOWD, District Judge.

MOORE, J., delivered the opinion of the court, in which DOWD, D.J., joined. KENNEDY, J., delivered a separate concurring opinion.

OPINION

MOORE, Circuit Judge.

The Tennessee Student Assistance Corporation ("TSAC") appeals from the Bankruptcy Appellate Panel's decision denying TSAC's motion to dismiss for lack of jurisdiction. After receiving a discharge in her Chapter 7 bankruptcy proceedings, plaintiff Pamela Hood filed for a hardship discharge...

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