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In the Matter Of: Constance P. Mercer, Debtor. At&t Universal Card Services v. Constance P. Mercer

Citations: 218 F.3d 770; 2000 U.S. App. LEXIS 16684; 2000 WL 978044Docket: 98-60693

Court: Court of Appeals for the Fifth Circuit; July 7, 2000; Federal Appellate Court

Narrative Opinion Summary

Constance P. Mercer filed for bankruptcy, prompting an appeal from AT&T Universal Card Services. The case was initially decided by a panel of judges but has been taken up for rehearing en banc by the Fifth Circuit Court of Appeals. A majority of active judges voted in favor of this rehearing, which will include oral arguments scheduled at a later date. The court's Clerk will provide a timeline for the submission of supplemental briefs. Chief Judge King recused himself from participating in the case.

Legal Issues Addressed

Judicial Recusal

Application: Chief Judge King recused himself from participating in the case, demonstrating adherence to ethical guidelines to avoid potential conflicts of interest.

Reasoning: Chief Judge King recused himself from participating in the case.

Rehearing En Banc

Application: The Fifth Circuit Court of Appeals decided to rehear the case en banc after a majority of active judges voted in favor, indicating the significance of the issues involved.

Reasoning: The case was initially decided by a panel of judges but has been taken up for rehearing en banc by the Fifth Circuit Court of Appeals.

Submission of Supplemental Briefs

Application: The court's Clerk will provide a timeline for the submission of supplemental briefs, allowing parties to present additional arguments or information before the en banc hearing.

Reasoning: The court's Clerk will provide a timeline for the submission of supplemental briefs.