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ESPINOSA v. UNITED STUDENT AID FUNDS, INC.

No. 06-16421.

553 F.3d 1193 (2008)

Francisco J. ESPINOSA, Plaintiff-Appellant, v. UNITED STUDENT AID FUNDS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated June 24, 2008.

Resubmitted August 29, 2008.

Filed October 2, 2008.

Amended December 10, 2008.

Attorney(s) appearing for the Case

Michael J. Meehan, Munger Chadwick, James L. Robinson, Jr., Robinson & Rylander, P.C., Tucson, AZ, for the plaintiff-appellant.

Madeleine C. Wanslee, Gust Rosenfeld P.L.C., Phoenix, AZ, for the defendant-appellee.

Before: ALEX KOZINSKI, Chief Judge, A. WALLACE TASHIMA and N. RANDY SMITH, Circuit Judges.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed October 2, 2008 is amended as follows:

Page 14031, Line 32

After the sentence ending with "persuasive," insert: "Rather, we agree with Judge Lundin that `Pardee and Andersen stand soundly for the better-reasoned principle that notice of how the Chapter 13 plan affects creditors' rights is all that the Constitution...

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