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HERSH v. U.S. EX REL. MUKASEY

No. 07-10226.

553 F.3d 743 (2008)

Susan B. HERSH, Plaintiff-Appellee-Cross-Appellant, v. UNITED STATES of America, by and through Michael MUKASEY in his capacity as Attorney General of the United States, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

December 18, 2008.

Attorney(s) appearing for the Case

Howard Marc Spector (argued), Dallas, TX, for Susan B. Hersh.

Mark Bernard Stern, Tara Leigh Grove, Mark Reiling Freeman (argued), U.S. Dept. of Justice, Civ. Div., Washington, DC, for U.S.

Gene C. Schaerr, Winston & Strawn, Washington, DC, for Amici Curiae.

Before GARWOOD, CLEMENT and ELROD, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant-cross-appellee, the United States, by and through Attorney General Michael Mukasey, appeals the decision of the United States District Court for the Northern District of Texas holding a recently enacted provision of the Bankruptcy Code, 11 U.S.C. § 526(a)(4), facially unconstitutional. See Hersh v. United States, 347 B.R. 19 (N.D.Tex.2006). Plaintiff-appellee-cross-appellant, Susan...

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