Paul Thomes and Richard Thomes v. Equitable Savings and Loan Association

Fifth Circuit

Paul Thomes and Richard Thomes v. Equitable Savings and Loan Association

831 F.2d 558, 1987 U.S. App. LEXIS 14899

Court of Appeals for the Fifth Circuit·Decided November 9, 1987·No. 87-1413·Published·Cited by 1 cases

Opinion

*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.

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*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.

Paul Thomes and Richard Thomes v. Equitable Savings and Loan Association, 831 F.2d 558, 1987 U.S. App. LEXIS 14899 (5th Cir. 1987).

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