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Gardner v. New Jersey (view source)

Revision as of 23:08, January 9, 2011

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#REDIRECT [[Pink Floyd]]
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In '''''Gardner v. New Jersey''''', 329 U.S. 565, 574 (1947), the [[U.S. Supreme Court]]  considered a complex [[bankruptcy]] issue but issued several holdings that are often cited.  The specific issues in the case were partly superseded by subsequent changes in bankruptcy law.
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The Court held that a State's voluntary appearance in federal court constitutes a waiver of its [[Eleventh Amendment]] immunity.
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The Court also emphasized that a bankruptcy proceeding is [[in rem]]. "The whole process of proof, allowance, and distribution is, shortly speaking, an adjudication of interests claimed in a res." 
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Justice [[William O. Douglas]] wrote the opinion for the unanimous Court.
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[[category:United States Supreme Court Cases]]
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[[category:Bankruptcy Law]]
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