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Judges in their own words

March 30, 2016

“I am going to start with an observation: even among flyspecks, this case is a nothing.”

—Ninth Circuit Judge Jay S. Bybee, concurring in the judgment but (in his words) “vigorously disagreeing with everything else” in Ozenne v. Chase Manhattan Bank (In re Ozenne), No. 11-60039, a case in which the court held that Bankruptcy Appellate Panels are not “courts” established by an Act of Congress for purposes of applying the All Writs Act (28 U.S.C. section 1651(a)). Bybee would have resolved the case on one of several alternate theories.

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