In re: American Lebanese Syria, et al., No. 15-11188 (5th Cir. 2016)
Annotate this CaseR. Allen Stanford made charitable donations to all three petitioners before the SEC's determination that Stanford and his companies were operating a Ponzi scheme. Before the Court is a Petition for Rehearing, treated as a motion for reconsideration, of the order of January 22, 2016, denying the Petition for Writ of Mandamus filed by Petitioners St. Jude Children’s Research Hospital and ALSAC. In this case, neither side of this dispute has cited any controlling cases interpreting the federal question jurisdiction statute at issue, 28 U.S.C. 754, and both sides have focused on cases which they claim are more analogous to section 754 than to the other side’s line of cases. The court found the answer to the question far from clear, so the court could not say the district court “clearly and indisputably erred,” if it erred at all. Accordingly, the court denied the motion for reconsideration.
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