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Louisiana Lawyer Search - Listings for Babin Larry A Jr Atty
Name: Babin Larry A Jr Atty
Address: 712 N Burnside Ave Gonzales, LA 70737
Phone Number: 225-621-8522
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Specialties:
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Wills, Estates, Trusts & Probate Law
Adoption, Divorce & Family Law
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Cases related to this attorney's specialties:
IN RE: VENEMAN ANN, U.S. DC Circuit Court of AppealsIN RE: VENEMAN ANN 1000 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued September 6, 2002 Decided October 29, 2002 No. 02-5021 In re: Ann M. Veneman, Secretary of Agriculture, Petitioner Appeal from the United States District Court for the District of Columbia (No. 99cv03119) Charles W. Scarborough, Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, and Robert M. Loeb, Attorney, U.S. Department of Justice. Joseph M. Sellers argued the cause for respondents. With him on the brief were Suzette M. Malveaux, Alexander Pires, Jr., David Frantz, and Phillip L. Fraas. Michael L. Foreman, Elaine R. Jones, Norman J. Chach- kin, Paul M. Smith, Ian Heath Gershengorn, and John Dossett were on the brief for amici curiae in support of respondents. Before: Tatel and Garland, Circuit Judges, and Williams, Senior Circuit Judge. Opinion for the Court filed by Circuit Judge Tatel. Tatel, Circuit Judge: Rule 23(b)(2) of the Federal Rules of Civil Procedure permits certification of class actions not "exclusively or predominantly [for] money damages." This petition for interlocutory review presents the following ques- tion: In a case involving requests for both monetary and equitable relief, may a district court certify a Rule 23(b)(2) class as to equitable relief only without first determining whether, looking at the complaint as a whole, plaintiffs' monetary claims predominate over their equitable claims? Although this issue is both unsettled and fundamental- factors that may justify interlocutory review pursuant to Rule 23(f)-we nevertheless deny the petition because the critical questions required to resolve it are entirely unbriefed and because we are satisfied that the issue will not escape appel- late review. I. The United States Department of Agriculture administers ...
USA v. MYERS FILED United States Court of Appeals 1000 Tenth Circuit MAR 29 2004 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT IN RE WESLEY ALLEN MYERS and SONJA DIANE MYERS, Debtors. _ UNITED STATES OF AMERICA, on behalf of the Department of Agriculture Farm Service Agency, Appellant, v. No. 02-2350 WESLEY ALLEN MYERS, SONJA DIANE MYERS, and RONALD E. HOLMES, Trustee, Appellees. ON APPEAL FROM THE UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT (B.A.P. No. NM-02-035) (284 B.R. 478) Edward Himmelfarb, Appellate Staff Civil Division, Department of Justice (Robert D. McCallum, Jr., Assistant Attorney General, Washington, D.C., David C. Iglesias, United States Attorney, Albuquerque, N.M., and William Kanter, Appellate Staff Civil Division, Department of Justice, Washington, D.C., with him on the briefs), Washington, D.C., for Appellant. George M. Moore, George M. Moore & Associates, Albuquerque, N.M., for Appellees. Before LUCERO, BALDOCK, and TYMKOVICH, Circuit Judges. BALDOCK, Circuit Judge. In March 2000, Wesley Allen Myers and Sonja Diane Myers (Debtors) filed a Chapter 12 bankruptcy petition in the United States Bankruptcy Court. The Farm Service Agency (FSA), an agency within the United States Department of Agriculture, filed a motion for relief from the automatic stay to setoff government program payments owed to Debtors. The bankruptcy court denied the FSA's motion, holding administrative regulations prohibited setoff. On appeal, the Bankruptcy Appellate Panel (BAP) affirmed on alternative grounds, focusing on 553 of the Bankruptcy Code. In re Myers, 284 B.R. 478 (B.A.P. 10th Cir. 2002). Section 553 provides in relevant part: [T]his title does not affect any right of a creditor to offset a mutual debt owing by such creditor to the debtor that arose before the commencement of the case under this title against a claim of such creditor against the debtor that arose before the commencement of the case[.] 11 U...
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