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MILAVETZ, GALLOP & MILAVETZ, P.A. v. U.S.

No. 07-2405.

541 F.3d 785 (2008)

MILAVETZ, GALLOP & MILAVETZ, P.A.; Robert J. Milavetz; Barbara N. Nevin; John Doe; Mary Doe, Appellees, v. UNITED STATES of America, Appellant, Commercial Law League of America, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 4, 2008.

Attorney(s) appearing for the Case

Mark R. Freeman, argued, Mark B. Stern, USDOJ, on the brief, Washington, DC, for appellant.

Chad Schulze, argued, Edina, MN, Alan S. Milavetz, Edina, MN, and Thomas F. Miller, Wayzata, MN, on the brief, for appellees.

Commercial Law League of America, amici curiae, William H. Schorling and DeWitt Brown, submitted, Philadelphia, PA, for appellees.

Before BYE, SMITH, and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

Milavetz, Gallop & Milavetz, P.A., a law firm that practices bankruptcy law, the firm's president, a bankruptcy attorney within the firm, and two clients1 who sought bankruptcy advice from the firm brought suit against the United States seeking a declaratory judgment that certain provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)—11 U.S.C. §§ 526(a)(4) and...

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