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BALSER v. DEPT. OF JUSTICE, OFFICE U.S. TRUSTEE

No. 02-35114.

327 F.3d 903 (2003)

Richard A. BALSER; Corinne L. Balser, Plaintiffs-Appellants, v. DEPARTMENT of JUSTICE, OFFICE of the UNITED STATES TRUSTEE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2003.

Attorney(s) appearing for the Case

M. Robert Dauber, Kiersten A. Murphy and Karen Stillwell. Arizona State University College of Law, Civil Practice Clinic, Tempe, AZ, attorneys for the appellants.

Robert P. Brouillard, Assistant United States Attorney, Seattle, WA, attorney for the appellees.

Before: D.W. NELSON, THOMAS, Circuit Judges, and PREGERSON, District Judge.

OPINION

THOMAS, Circuit Judge.

This appeal presents the question, inter alia, as to whether sovereign immunity bars a suit filed against a United States trustee acting in his official capacity based on acts conducted within the course and scope of his employment. We hold that it does and affirm the district court.

I

The bankruptcy proceedings were initiated as three involuntary Chapter 7 petitions filed by Carillon Gardens Associates...

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