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ROSENBERG v. DVI RECEIVABLES XIV, LLC

No. 14-14620.

818 F.3d 1283 (2016)

Maury ROSENBERG, Plaintiff-Appellant Cross Appellee, v. DVI RECEIVABLES XIV, LLC, DVI Receivables XVI, LLC, DVI Receivables XVII, LLC, DVI Receivables XVIII, LLC, DVI Receivables XIX, LLC, DVI Funding, LLC, U.S. Bank, NA.A. et al., Defendants-Appellees Cross Appellants.

United States Court of Appeals, Eleventh Circuit.

April 8, 2016.

Attorney(s) appearing for the Case

Paul J. Battista , William Barry Blum , Allison R. Day , Michael A. Friedman , Carlos E. Sardi , Genovese Joblove & Battista, PA, Miami, FL, for Plaintiff-Appellant, Cross Appellee.

Larry I. Glick , Peter H. Levitt , Shutts & Bowen, LLP, Miami, FL, for Defendants-Appellees, Cross Appellants.

Before MARCUS, JILL PRYOR and FAY, Circuit Judges.

At issue today is whether a federal district court is obliged to follow the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure when trying a bankruptcy case arising under title 11 of the United States Code. In entertaining the defendants' Fed.R.Civ.P. 50(b) motion for judgment as a matter of law...

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