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SCHULTZ v. U.S.

No. 07-5618.

529 F.3d 343 (2008)

Bernard F. SCHULTZ; Elizabeth M. Sabatine, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 2, 2008.

Attorney(s) appearing for the Case

ARGUED: Thomas E. Ray, Samples, Jennings, Ray & Clem, Chattanooga, Tennessee, for Appellants. Lewis Yelin, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Thomas E. Ray, Samples, Jennings, Ray & Clem, Chattanooga, Tennessee, for Appellants. Lewis Yelin, William Kanter, United States Department of Justice, Washington, D.C., for Appellee. George W. Kuney, University of Tennessee College of Law, Knoxville, Tennessee, for Amicus Curiae.

Before: RYAN, SILER, and COLE, Circuit Judges.

OPINION

R. GUY COLE, JR., Circuit Judge.

Plaintiffs-Appellants Bernard Francis Schultz and Elizabeth Mary Sabatine (hereinafter "the Schultzes"), husband and wife and residents of Hamilton County, Tennessee, filed for bankruptcy under Chapter 13 in the United States Bankruptcy Court for the Eastern District of Tennessee. Independently, the Schultzes filed a complaint for declaratory judgment in the United States District Court for the Eastern District of...

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