PAUL THOMES AND RICHARD THOMES, PLAINTIFFS-APPELLANTS,
v.
EQUITABLE SAVINGS AND LOAN ASSOCIATION, DEFENDANT-APPELLEE
PAUL THOMES AND RICHARD THOMES, PLAINTIFFS-APPELLANTS,
EQUITABLE SAVINGS AND LOAN ASSOCIATION, DEFENDANT-APPELLEE
831 F.2d 558
Court of Appeals for the Fifth Circuit (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*559] PER CURIAM:
As to all issues save the constitutional one, the judgment is AFFIRMED. Local Rule 47.6. North Mississippi Savings & Loan Assn. v. Hudsbeth, 756 F. 2d 1096 (5th Cir.1985), cert. denied, 474 U.S. 1054, 106 S.Ct. 790, 88 L.Ed.2d 768 (1986).
The constitutional claim does not seem to have been advanced before the trial court, however it appears to involve issues of law only. On this assumption, and because the issue has been characterized as a troubling one by our Brothers of the Ninth Circuit in light of Northern Pipeline Construction Co. v. Marathon Pipeline Co., 458 U.S. 50, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982), we assign this appeal to the oral argument calendar for presentation of the constitutional issue. See Morrison-Knudsen Co. v. CHG International, 811 F. 2d 1209, 1221-22 (9th Cir.1987). It is so
ORDERED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Thomes v. Equitable Sav. & Loan Ass'n, 837 F.2d 1317 (5th Cir. 1988)
Authorities Cited
- N. Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50 (U.S. 1982)
- N. Miss. Sav. & Loan Ass'n & New N. Miss. Fed. Sav. & Loan Ass'n v. Hudspeth, 756 F.2d 1096 (5th Cir. 1985)
- Guzman v. United States, 474 U.S. 1054 (U.S. 1986)
- Sec. Indus. Assn. v. Comptroller of the Currency, 474 U.S. 1054 (U.S. 1986)
- Morrison-Knudsen Co., Inc. v. CHG Int'l, Inc., 811 F.2d 1209 (9th Cir. 1987)