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REED v. CITY OF ARLINGTON

No. 08-11098.

650 F.3d 571 (2011)

Diane G. REED, Real party in Interest, Plaintiff-Appellee Cross-Appellant, v. CITY OF ARLINGTON, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 11, 2011.

Attorney(s) appearing for the Case

Todd Alan Hoodenpyle (argued), Larry A. Levick , Singer & Levick, P.C., Addison, TX, for Plaintiff-Appellee Cross-Appellant.

Michael A. McConnell (argued), Marianne Marsh Auld , Matt David Stayton , Kelly, Hart & Hallman, L.L.P., Fort Worth, TX, Denise V. Wilkerson , Asst. City Atty., Arlington, TX, for Defendant-Appellant Cross-Appellee.

Stephen W. Sather (argued), Barbara M. Barron , Barron, Newburger & Sinsley, P.L.L.C., Austin, TX, for Commercial Law League of America, Amicus Curiae.

Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.

KING, Circuit Judge, joined by E. GRADY JOLLY, W. EUGENE DAVIS, JERRY E. SMITH, EMILIO M. GARZA, BENAVIDES, CARL E. STEWART, DENNIS, PRADO, OWEN, JENNIFER WALKER ELROD, LESLIE H. SOUTHWICK and HAYNES, Circuit Judges:

The question before the en banc court is whether judicial estoppel bars a blameless bankruptcy trustee from pursuing a judgment that the debtor—having concealed the judgment during bankruptcy—is himself estopped from pursuing. We hold that...

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