Legal Opinion

Benny v. England

Court of Appeals for the Ninth Circuit

Decided March 12, 1987No. Nos. 86-2636, 86-2637PublishedCited by 1 opinion

1Opinion of the Court

WIGGINS, Circuit Judge:

This case involves an appeal from a district court’s order upholding the constitutionality of sections 106 and 121 of the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub.L. No. 98-353, 98 Stat. 333 (the 1984 Act). We affirm the holding of the district court that the challenged provisions of the 1984 Act do not violate the Appointments Clause.

FACTS AND PROCEDURAL HISTORY

The involuntary bankruptcy proceeding that gives rise to this appeal was filed against the Bennys in 1982. After the bankruptcy court entered an order for relief of creditors, the Bennys…

2Cases cited25 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Myers v. United StatesSupreme Court of the United States · 1926
  3. Super Tire Engineering Co. v. McCorkleSupreme Court of the United States · 1974
  4. Shoemaker v. United StatesSupreme Court of the United States · 1893
  5. R.E. Rodgers and Barbara Rodgers v. James G. Watt, Secretary of the Interior of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1983

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3Cited by1 opinion

  1. In Re George I. Benny and Alexandra Benny, Debtors. Alexandra Benny v. John M. England, Trustee, Chicago Title Insurance Company, Creditor, Etc., United States of America, Intervenor-Appellant v. John M. England, Trustee, Chicago Title Insurance Company, Creditor, Etc.Court of Appeals for the Ninth Circuit · 1987

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