BP RE, L.P. v. RML Waxachie Dodge, L.L.C.

No. 12-51270, Consolidated with No. 12-51279
In the en banc poll, 6 judges voted in favor of rehearing (Chief Judge Stewart and Judges Jolly, Davis, Dennis, Graves, and Higginson, and 8 judges voted against rehearing (Judges Jones, Smith, Clement, Prado, Owen, Elrod, Southwick, and Haynes).
Procedural context:
Debtor sought rehearing of Fifth Circuit's ruling that bankruptcy courts are constitutionally prohibited from entering final judgment on a Debtor's state-law tort and contract claims, even with the consent of the litigants.
The dissenters believe that the decision merits rehearing because its rationale could be extended to magistrate judges and because the issue is before the Supreme Court in Executive Benefits Insurance Agency v. Arkison (In re Bellingham Ins. Agency, Inc.), 702 F.3d 553 (9th Cir. 2012), cert. granted, 133 S. Ct. 2880 (2013).
Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.

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