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MATTER OF ESTATE OF FERNANDEZ

Nos. 96-31013, 97-30529.

123 F.3d 241 (1997)

In the Matter of ESTATE OF Julian E. FERNANDEZ, Debtor, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, State of Louisiana, Appellant, v. PNL ASSET MANAGEMENT COMPANY LLC; Jean O. Turner, Appellees. In the Matter of: Julian E. FERNANDEZ, Debtor, STATE OF LOUISIANA, Department of Transportation and Development, Appellee, v. Jean O. TURNER, trustee; PNL Asset Management Company, Appellants.

United States Court of Appeals, Fifth Circuit.

September 15, 1997.

Attorney(s) appearing for the Case

Ronald J. Bertrand, Bertrand & Soileau, Rayne, LA, for Dept. of Transp. and Development, State of La.

Mark Bernard Stern, U.S. Department of Justice, Washington, DC, Michael Eugene Robinson, Civil Div., Department of Justice, Appellate Staff, Washington, DC, for U.S., Intervenor.

Gerald F. Slattery, Jr., New Orleans, LA, for PNL Asset Management Co. LLC, Appellee.

Jan M. Hayden, Robyn Jeana Spalter, Tristan Edwards Manthey, Bronfin & Heller, New Orleans, LA, for Jean O. Turner.

Leonard Howard Gerson, Angel & Frankel, New York City, for Business Bankruptcy Law Committee of the New York County Lawyers' Ass'n, Amicus Curiae.

Before REYNALDO G. GARZA, HIGGINBOTHAM and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The State of Louisiana and the Louisiana Department of Transportation and Development contend that the Eleventh Amendment denies the Bankruptcy Court jurisdiction in this adversary action, and Congress cannot constitutionally displace the State's immunity by Section 106(a) of the Bankruptcy Code1 (11 U.S.C. § 106(a) (1994)). The district court agreed. We now affirm.

I.

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