Legal Opinion · Dissent

Cadle Co. v. Neubauer

Court of Appeals for the Fifth Circuit

Decided March 17, 2009No. 07-10892Published

1DissentDennis, Circuit Judge

I respectfully dissent.

This case presents the question of whether a person who claims to have succeeded to a judgment creditor’s interest in a federal court default judgment has standing to enforce the judgment against the judgment debtors. Because I conclude that the plaintiff Cadle has not carried its burden to show that it has a direct concrete interest in the judgment, I must respectfully dissent from the court’s opinion affirming the district court’s judgment. Instead, I would vacate the district court’s judgment and remand the case to it for an *373evidentiary hearing on the question of…

2Cases cited8 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  3. Nolan Longmire v. William Guste, Jr.Court of Appeals for the Fifth Circuit · 1991
  4. Spenlinhauer v. O'DonnellCourt of Appeals for the First Circuit · 2001
  5. Henderson v. StalderCourt of Appeals for the Fifth Circuit · 2002

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